|Release Date: 08/31/2020|
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 sample pleadings as well as guidance on arguments that the government typically makes in its attempt to dismiss lawsuits. 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
Order your copy today!
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Robert Pauw is an experienced immigration law litigator and partner in the Seattle law firm of Gibbs Houston Pauw. He has represented plaintiffs in many significant immigration cases, including:
- Zerezghi v. USCIS, 955 F.3d 802 (9th Cir. 2020) (challenge to USCIS imposition of marriage fraud penalty)
- Vega-Anguiano v. Barr, 942 F.3d 945 (9th Cir. 2019) (challenge in reinstatement proceedings to validity of prior removal order)
- Zuniga v. Barr, 934 F.3d 1083 (9th Cir. 2019) (challenge to expedited removal under 8 U.S.C. §1228 based on lack of access to counsel)
- Rosario v. USCIS, 365 F. Supp. 3d 1156 (W.D. Wash. 2018) (nationwide class action lawsuit challenging USCIS delays in adjudicating work authorization applications)
- Hajro v. USCIS, 811 F.3d 1086 (9th Cir. 2016) (challenge to USCIS delays in processing FOIA requests)
- Smith v. Customs and Border Protection, 741 F.3d 1016 (9th Cir. 2014) (district court has jurisdiction under 8 USC §1252(e)(2)(B) to consider noncitizen's challenge to expedited removal order)
- Wayne Smith and Hugo Armendariz v. United States, Case No. 12.562 (IACHR 2010) (challenge to U.S. deportation policies adopted in IIRAIRA as violating the American Declaration on the Rights and Duties of Man)
- Ruiz-Diaz v. United States, 618 F.3d 1055 (9th Cir. 2010) (nationwide class action lawsuit challenging USCIS policy of refusing to allow religious workers to file concurrent I-360/I-485 applications)
- Perez-Enriquez v. Gonzales, 463 F.3d 1007 (9th Cir. 2006) (en banc) (establishing that individuals who obtained lawful permanent residence under the SAW legalization program are eligible for INA §212(c) waivers of deportation)
- Lee v. Gonzales, Case No. C04-449 RSL (W.D. Wash. 2006) (class action lawsuit challenging naturalization denials based on lack of good moral character)
- Immigrant Assistance Project v. INS, 306 F.3d 842 (9th Cir. 2002) (nationwide class action lawsuit challenging INS’s interpretation of “known to the government” and “continuous unlawful residence” for purposes of the legalization program)
- Gete v. INS, 121 F.3d 1285 (9th Cir. 1997) (class action lawsuit invalidating INS vehicle seizure procedures)
In addition to his book, Pauw’s published articles include: “Plenary Power: An Outmoded Doctrine,” 51 Emory L.J. 1095 (2002); and “A New Look at Deportation as Punishment: Why at Least Some of the Constitution’s Criminal Procedure Protections Must Apply,” 52 Admin. L. Rev. (2000). He served as an adjunct professor of immigration law at Seattle University School of Law for over 25 years. In recognition of his achievements, Pauw has received numerous awards, including AILA’s Jack Wasserman Award for Excellence in Litigation, the NWIRP Amicus Award for the pursuit of justice for low-income immigrants and refugees, and the National Lawyers Guild’s Carol King Award.