NIWAP participated in the development of an amicus brief led by the National Immigrant Justice Center in a case before the U.S. Supreme Court in a case considering whether extreme hardship determinations in cancellation of removal cases are subject to judicial review. NIWAP, NIJC and other amici with expertise on Violence Against Women Act (VAWA) Cancellation of Removal filed an amicus brief before the U.S. Supreme Court with representation from Weil, Gotshal and Manges LLP, describing the legislative history of VAWA cancellation of removal cases designed to protect immigrant spouses and children abused by U.S. citizen or lawful permanent resident spouses or parents. The brief described how VAWA cancellation of removal and its extreme hardship provisions are different that other cancellation of removal immigration cases. This amicus brief urged that while VAWA extreme hardship determinations are reviewable, the question is not presented to the Supreme Court and the Court should avoid issuing an overbroad decision that could harm VAWA confidentiality protections designed by Congress for abused immigrant spouses and children (September 2023).
Amicus Briefs, Case law, Domestic Violence & Dynamics, Sexual Assault & Dynamics, VAWA – Violence Against Women Act, VAWA Cancellation & Suspension