Practice Advisories & Brief Bank
Public immigration practice advisories, sample briefs, template motions, amicus briefs, and government guidance, organized in one searchable index and linked to the original host.
Filters
| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
Sanchez v. GonzalezSanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistan Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 7th Circuit Direct PDF available |
Removal defense
VAWA / U / T
BIA
Court of appeals
|
Sep 13, 2023 | |
Violence Against Women Act-VAWA Self-Petitions, Suspension of Deportation and Cancellation of RemovalEsteban Cabezas (2010) Appeal to the United States Citizenship and Immigration Services Administrative Appeals Office. Amicus submitted by Legal Momentum, National Network to End Violence Against Immigrant Women, and represented by Andrew Taylor, of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigra Why it matters: Useful as a source-specific directory when you want a quick way to browse Removal Defense materials without searching the entire site. |
NIWAP Library National Direct PDF available |
Removal defense
Naturalization
BIA appeals
VAWA / U / T
Evidence and procedure
BIA
|
Sep 13, 2023 | |
Practice Alert: Overview of the Supreme Court’s Decision in Pugin v. GarlandOn June 22, 2023, the U.S. Supreme Court issued Pugin v. Garland , 143 S. Ct. 1833 (2023), an immigration decision addressing the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S). The Court held that a conviction may be an offense “relating to obstruction of justice,” even if it does not require that an investigation or proceeding be pending or reasonably foreseeable. In doing so, Pugin reversed favorable case law in the Ninth Circuit, Valenz Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Crimes; review the source material for the most current authority and procedure. |
American Immigration Council 9th Circuit Direct PDF available |
Crimes and categorical approach
Court of appeals
|
Aug 22, 2023 | |
A Step-by-Step Guide to Filing a FOIA LawsuitThis Practice Advisory provides immigration practitioners with step-by-step instructions a bout how to file a laws uit under the Freedom of Information Act. The Advisory explains the preliminary steps that need to be completed before filing the lawsuit, the appropriate parties in a FOIA case, the proper venue for filing, the types of claims litigants may bring, how to file the complaint and supporting documents, and what to expect after the law suit is filed . Additionally, the Advisory contains Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Federal court
Federal district court
|
Jun 20, 2023 | |
Office of Refugee Resettlement Link to List of Key Documents for Unaccompanied ChildrenCall and message your members of Congress telling them to oppose any effort to give ICE and Border Patrol more funding. Why it matters: Useful as a drafting starting point for Asylum work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use. |
National Immigrant Justice Center National |
Asylum
Children and SIJS
Immigration court
BIA
|
Feb 27, 2023 | |
Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay CasesPractitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions. It also discusses the advantages of an Administrative Procedure Act cause of action and offers considerations for demonstrating unreasonable delay. The practice tip al Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Consular practice
Evidence and procedure
Consular processing
|
Dec 16, 2022 | |
Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files)This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Evidence / Procedure; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Evidence and procedure
USCIS
|
Dec 15, 2022 | |
A Guide to Obtaining Detention RecordsIndividuals held in immigration detention facilities have a right to government records about their detention. Those records can help detained or formerly detained people learn more about what happened to them when they were detained and what they experienced, including abusive treatment, difficulty accessing an attorney, and lack of medical care. These government records also may support a legal claim or complaint against the agency that detained the individuals and can help advocates working f Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Detention / Bond; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Detention / bond
Cross-forum
|
Dec 13, 2022 | |
Delay Actions In The Asylum Context: Avoiding Dismissal And Proving The CaseBy the American Immigration Council and the American Immigration Lawyers Association [1] Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Asylum; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Asylum
Cross-forum
|
Nov 28, 2022 | |
Whom to Sue and Whom to Serve in Immigration-Related District Court LitigationThis Practice Advisory addresses who is the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. The Advisory covers whom to sue in specific types of immigration-related actions, including mandamus, Federal Tort Claims Acts (and administrative claims), Bivens, and habeas actions. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Federal court
Federal district court
|
Sep 14, 2022 | |
Matter of LaparraIn Matter of Laparra , 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality Act (INA) section 239(a)(1). This practice alert provides brief background on the case law relevant to Laparra , describes the Laparra decision and its implicat Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Motions to reopen / reconsider
BIA appeals
BIA
|
Feb 8, 2022 | |
Laura Luis Hernandez v. AshcroftAmicus Brief on Extreme Cruelty filed in the 9th Circuit on a VAWA suspension of deportation case. Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Removal defense
VAWA / U / T
Court of appeals
|
Dec 9, 2021 |