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Publications Archive

Publication Category: Amicus Briefs
  • Amicus on Motions to Reopen Based on Criminal Vacatur

    • Publication Date: April 27, 2022
    • Publication Categories: Amicus Briefs

    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

    • Publication Date: December 09, 2021
    • Publication Categories: Amicus Briefs

    “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

    • Publication Date: September 28, 2021
    • Publication Categories: Amicus Briefs

    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

    • Publication Date: September 09, 2021
    • Publication Categories: Amicus Briefs

    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

    • Publication Date: August 05, 2021
    • Publication Categories: Amicus Briefs

    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

    • Publication Date: May 27, 2021
    • Publication Categories: Amicus Briefs

    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.

  • Amicus Brief in Northwest Immigrant Rights Project v. USCIS

    • Publication Date: October 28, 2020
    • Publication Categories: Amicus Briefs

    Tahirih Justice Center joined with partner organizations filing amicus briefs in two cases challenging the staggering new fees USCIS is applying to asylum-seekers.  The briefs focused on the unique financial challenges faced by survivors of violence, and the harm created by these new fees.