Business Practitioners: Don't Take "No" for an Answer, Take USCIS to Court!

Business Practitioners: Don't Take "No" for an Answer, Take USCIS to Court!

Recorded 02/20/2020
Available Only to AILA Members
CLE Eligible Yes
Length 90 min.
Format MP3
SKU WS2020-02-20-DL

Are you frustrated over a USCIS decision denying your case? Perhaps it’s time to litigate! In the current immigration climate, where USCIS has dramatically increased RFEs and denials, serious consideration should be made about whether your case should be taken to federal court. Our panel of experts will address federal court challenges to business-related USCIS decisions under the Administrative Procedure Act (APA), the Declaratory Judgment Act, and/or the Mandamus and Venue Act of 1962.

Featured Topics

  • Proper Assessment of Your Administrative Record: A Litigation Prerequisite
  • Factors to Consider Before Filing Suit in Federal Court
  • Preparing the Complaint: Jurisdiction, Venue, Asserting the Proper Causes of Action
  • Identification of the Proper Parties, Proper Statement of Relief
  • What Standard of Review Will the Federal Court Apply?
  • Are Attorney Fees Recoverable?
  • When Is Discovery Outside the Administrative Record Permissible?


CLE Credit

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Robert H. Cohen (DL), AILA Administrative Litigation Task Force, Columbus, OH
Robert H. Cohen is a partner with Porter, Wright, Morris & Arthur LLP, in Columbus, Ohio. He has practiced immigration law for over 40 years; his primary areas of practice include business and family immigration. Mr. Cohen has served as chair of the Ohio chapter, USCIS Benefits Committee and NSC Liaison Committee. He is also a past chair of the Board of Trustees of the American Immigration Council. He received the 2013 Jack Wasserman Award for excellence in litigation in the field of immigration law and has been listed in the Best Lawyers in America® for Immigration Law every year since 1995. Mr. Cohen is a graduate of Miami University and the University of Cincinnati College of Law.

Robert Pauw, AILA Author, Litigating Immigration Cases in Federal Court, 4th Ed., Seattle, WA
Robert Pauw is a partner in the Seattle law firm of Gibbs Houston Pauw. He has taught immigration law at Seattle University and University of Washington for many years, and is one of the founding members of the Northwest Immigrant Rights Project. Mr. Pauw is author of LITIGATING IMMIGRATION CASES IN FEDERAL COURT (2017). He has received AILA’s Jack Wasserman Award for Excellence in Litigation and the National Lawyers Guild’s Carol King Award.

Danielle M. Claffey, Atlanta, GA
Danielle M. Claffey is a partner with Kuck | Baxter Immigration LLC and practices in all areas of U.S. immigration and nationality law. She has more than twelve years’ experience in business immigration matters including nonimmigrant and employment-based immigrant petitions, family-based immigration, affirmative asylum, all forms of nonimmigrant visas, consular processing and deferred action applications. Ms. Claffey is also highly experienced in deportation, cancellation of removal and asylum proceedings before the immigration courts, as well as federal court actions in the U.S. District Courts.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.