AILA Amicus Brief filed in Second Circuit

Last month, I filed an amicus curiae brief on behalf of the American Immigration Lawyers Association (“AILA”) before the U.S. Court of Appeals for the Second Circuit.  The brief was submitted in opposition to a motion to dismiss by the Government.   The Government was seeking dismissal because the petition for review was filed in the Second Circuit after the Board of Immigration Appeals rendered a decision that granted withholding of removal, but denied asylum, and remanded the case to the Immigration Judge to conduct background checks.   On behalf of AILA, I argued that it was proper for the petitioner to file the brief at this time and that the petitioner should not have to wait for the completion of the background checks to file the petition for review.