Publications ArchivePublication Category: Amicus Briefs
AMICUS ON THE EXERCISE OF PROSECUTORIAL DISCRETION
Tahirih and partner organizations filed a brief with the Supreme Court of the United States in United States v. Texas. The brief explains that the exercise of prosecutorial discretion is a critical tool that allows DHS to prioritize cases and allows survivors who have become eligible for humanitarian relief other than asylum to remain in the United States while their applications for relief are processed.
Amicus on Motions to Reopen Based on Criminal Vacatur
Tahirih and partner organizations filed an amicus brief with the Board of Immigration Appeals (BIA) addressing factors the BIA should consider when deciding whether to grant an untimely motion to reopen based on vacatur of a criminal conviction. The brief emphasizes that convictions of survivors of gender-based violence and trafficking often stem from victimization, that survivors face significant procedural obstacles, and that both Congress and the states have taken measures to protect survivors from the consequences of gender-based violence and trafficking.
Amicus Brief on Work Authorization with U-Visa Petitions
“Tahirih and partner organizations filed an amicus brief with the U.S. Court of Appeals for the First Circuit in support of petitioners seeking to require USCIS to adjudicate the work authorization applications they filed in conjunction with U-visa petitions. The brief explains the history of the U-visa program and the critical importance of work authorization to U-visa petitioners and argues that the federal courts have the authority to consider the plaintiffs’ claims that waiting more than four years for work authorization constitutes an unreasonable delay.”
Amicus Brief in Texas v. Biden
Tahirih and partner organizations filed a brief in the U.S. Court of Appeals for the Fifth Circuit supporting the rescission of the “Remain in Mexico” policy. The brief, filed in Texas v. Biden, notes that the district court opinion requiring the United States to reinstate Remain in Mexico rests on numerous, basic factual errors.
Amicus Brief in Dawson v. Garland
Tahirih, the Center for Gender and Refugee Studies, and partner organizations filed an amicus brief with the Ninth Circuit on behalf of a survivor of domestic violence seeking relief under the Convention Against Torture. The brief argues that, under Ninth Circuit case law, the existence of past torture cannot be ignored in determining whether future torture is likely, and that past torture is especially predictive of future torture in the context of domestic violence
AMICUS BRIEF IN NEGUSIE V. GARLAND
Tahirih and partner organizations filed an amicus brief with the U.S. Court of Appeals for the Fifth Circuit in Negusie v. Garland, No. 21-60314. The brief notes the need for a duress exception to the persecutor bar, especially in the cases of children, people with intellectual disabilities, and survivors of gender-based violence and other serious trauma.
Tahirih and Partner Organizations File Amicus Brief in A.P.A v. U.S. Attorney General
Tahirih and partner organizations filed an amicus brief in the Eleventh Circuit detailing the significant errors the BIA made in holding that a Mexican asylum seeker had not suffered persecution because she is a transgender woman.