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Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

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Topic: Removal defense Clear

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Showing 109-120 of 243 resources.

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NIWAP Library Amicus brief May 12, 2021

Petition for asylum was granted and remand for further proceedings by Circuit Judge Graber and Judge Richard A. Paez (04/05/21)

In this opinion the 9th Circuit Federal Court of Appeals ruled that Rodrigues Tornes is eligible for gender based asylum because her domestic abusers (both her former husband and later another former intimate partner) persecuted her for her feminist opinions and views on her rights as a woman. In this case issued after both “Matter of A-B- I” and “Matter of A-B- II the 9th Circuit federal court of appeals ruled that a woman who was persecuted by domestic abusers because of a feminist political o

Asylum Removal defense BIA Court of appeals Direct PDF
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National Immigration Project Practice advisory May 5, 2021

Advocating for Immigrant Survivors of Medical Abuse at the Irwin County Detention Center

This practice advisory is intended to assist individuals seeking damages, stays of deportation, and long-term immigration relief based on medical abuse suffered at ICDC. This practice advisory explains how to determine eligibility and file administrative claims under the Federal Torts Claims Act (“FTCA”) for monetary damages, stays of removal with Immigration and Customs Enforcement (“ICE”), administrative complaints with the DHS Office for Civil Rights and Civil Liberties (“CRCL”), and U Visa c

Removal defense Detention / bond Consular practice Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 14, 2021

Pereida v. Wilkinson and California Offenses

In Pereida v. Wilkinson, 141 S.Ct. 754 (March 4, 2021), the Supreme Court issued another opinion on the categorical approach, which is the analysis authorities use to decide whether a criminal conviction triggers removal grounds. Pereida focuses on the “modified” categorical approach, which is how courts approach a conviction under a statute that sets out multiple, separate, offenses (a “divisible” statute). Pereida overruled Marinelarena v. Barr , 930 F.3d 1039 (9th Cir. 2019) (en banc).

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 23, 2021

Advocating for Clients under the Biden Administration’s Interim Enforcement Priorities

ICE enforcement policies have changed under the Biden administration, and opened new opportunities to defend your clients from arrest, detention, and deportation. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the interim enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.

Removal defense Detention / bond Cross-forum Direct PDF
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Immigrant Legal Resource Center Sample brief Mar 16, 2021

TPS for Venezuela: An Overview

The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through September 5, 2021. This advisory provides an overview of the requirements and application process for TPS for Venezuela. It also includes a brief summary of Deferred Enforced Departure (DED) for Venezuela

Removal defense Special immigrant Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Mar 10, 2021

Overview of Pereida v. Wilkinson for Immigration and Criminal Defense Counsel

On March 4, 2021, the Supreme Court issued Pereida v. Wilkinson , No. 19-438 (2021), a 5-3 opinion damaging to noncitizens with past criminal convictions who intend or need to seek relief in removal proceedings. The decision creates a national rule concerning the impact of inconclusive criminal court plea and conviction documents for noncitizens applying for relief from removal in immigration proceedings, specifically in cases where the modified categorical approach applies. This practice alert

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Feb 19, 2021

Community FAQ: February 18 ICE Enforcement Memo

The February 18 memo overrides the January 20 memo and is significantly weaker. The new memo creates additional “priorities” for removal; allows ICE officers to arrest and deport people who fall into these “priorities” without prior approval; and undoes the “pause” on removals from the January 20 memo. However, the memo is clear that it is only an interim memo and that the DHS Secretary will publish new rules for ICE officers, likely within 90 days.

Removal defense Cross-forum Direct PDF
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National Immigration Project Practice advisory Feb 19, 2021

Primer on Due Process Provisions of USCA

This primer summarizes some of the key provisions of the United States Citizenship Act of 2021 (USCA, sometimes referred to as the “Biden bill”) relating to due process protections in the immigration court system and in removal proceedings.

Removal defense Naturalization Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 2, 2020

Eligibility for Relief: Cancellation of Removal for Permanent Residents, INA § 240A(a)

Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr , --U.S.--, 140 S.Ct. 1442 (2020). This Advisory is an updated step-by-step guide to eligibility, potential arguments, a

Removal defense Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 19, 2020

Risks of Filing Affirmative T Visa Applications Under the Current NTA Memo

T nonimmigrant status (often called a “T visa”) is a form of immigration relief for survivors of human trafficking that provides four years of lawful immigration status, employment authorization, access to certain public benefits, and the opportunity to apply for lawful permanent residency. However, the current U.S. Citizenship and Immigration Services (USCIS) policy on Notices to Appear (NTA), which has been in effect since 2018, has drastically increased the risks of applying for T nonimmigran

Removal defense Employment Naturalization USCIS Direct PDF
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ACLU Practice advisory Jul 29, 2020

Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr

Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr | American Civil Liberties Union Skip navigation document Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr Document Date: July 29, 2020 Download document Download document Skip to PDF content

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 9, 2020

Protecting Information in DACA Applications Against Deportation in Light of Department of Homeland Security v. Regents of University of California and Existing Policies

This practice advisory discusses the confidentiality policies and practices currently in place protecting information submitted in Deferred Action for Childhood Arrivals (DACA) applications in light of the recent U.S. Supreme Court decision in Department of Homeland Security v. Regents of University of California that allowed the DACA program to remain open.

Removal defense Children and SIJS Cross-forum Direct PDF
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