|Release Date: 10/20/2022|
Written by experienced litigator Robert Pauw, Litigating Immigration Cases in Federal Court provides the "how to" guidance for filing immigration lawsuits in federal court with an easy-to-use overview of the basic principles of judicial review of immigration cases and general administrative law principles that are relevant in immigration cases.
Litigating Immigration Cases in Federal Court is an essential guide for individuals challenging immigration decisions in federal court. For persons filing a lawsuit in federal court for the first time, the book provides more than just the black letter law on the topics discussed. Each section provides a discussion of the rationale for the doctrines being discussed. For more experienced practitioners, the book provides "Quick Cites"—editorially vetted favorable cases (with quotes from the most relevant passages) that the author considers to be particularly useful in brief writing.
With Litigating Immigration Cases in Federal Court, you'll get professional advice on:
- Justiciability Issues
- Exhaustion of Administrative Remedies
- Jurisdictional Considerations
- Due Process in Removal Proceedings
- Judicial Review
- APA Jurisdictional Considerations and Lawsuits
- Constitutional and Statutory Framework as well as Habeas Petitions Relating to Immigration Detention
- Mandamus Lawsuits
- Consular Non-reviewability
- Chevron Deference and Brand X
- FOIA Matters
- Preparation of the Complaint, Petition for Review, and Motion for Stay
- Attorneys' Fees and Costs
The latest edition includes updates on:
- Case law that has developed under recent Supreme Court decisions, including Guerrero-Lasprilla, Niz-Chavez, and Patel
- Suspension Clause cases in the lower courts following the Supreme Court’s decision in Thuraissigiam, and the implications for obtaining a stay of removal while litigation is pending
- Case law that has developed after the Supreme Court’s decision in Jennings regarding challenges to mandatory detention
- Updated case law on cases seeking to review consular decisions
- Challenges to naturalization denials where USCIS alleges that permanent residence was not lawfully obtained
- New section on the principles of res judicata and collateral estoppel
Order your copy today!
"There are many treatises on administrative law, and most will mention several immigration law cases. But none of these treatises focuses specifically on administrative law principles in the context of immigration law. And there are many immigration law treatises, and most will mention cases involving issues of judicial review. But none explains in detail the principles of judicial review that will always arise in the context of litigating immigration cases. This book provides a detailed description of the constitutional and statutory framework, and the basic case law that one needs to be aware of in litigating immigration cases."
–Robert Pauw, author
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