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 |
|---|---|---|---|---|
Immigration Lawsuits and the APA: The Basics of a District Court ActionThis Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action. 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
Evidence and procedure
Federal district court
|
Oct 5, 2021 | |
Strategies and Considerations in the Wake of Niz-Chavez v. GarlandIn Niz-Chavez v. Garland , 141 S. Ct. 1474 (2021), the Supreme Court held that a Notice to Appear must convey the time and place of the hearing in a single document in order to trigger the stop-time rule in cancellation of removal cases, and that a subsequently-issued hearing notice does not stop time if the Notice to Appear did not include the required information. The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective N 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
Cross-forum
|
Jun 30, 2021 | |
Freedom of Information Act and Immigration AgenciesThis Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. It discusses the exemptions from FOIA that agencies are most likely to invoke in immigration cases, and lays out the basics of bringing a federal district court challenge to an agency’s failure to disclose certain documents. In addition, the Practice Advisory collects the FOIA policies of the most relevant immigration agencies i Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on BIA Appeals; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
BIA appeals
Federal court
BIA
Federal district court
|
Jun 4, 2021 | |
Realistic Probability in Immigration Categorical Approach CasesPractice advisory on the realistic-probability requirement in immigration categorical-approach litigation, including how to frame the argument and use state-law materials effectively. Why it matters: One of the more durable crim-imm references because the realistic-probability issue still surfaces repeatedly in removability and relief fights. |
Immigrant Defense Project National Direct PDF available |
Crimes and categorical approach
Removal defense
Immigration court
BIA
Court of appeals
|
Jun 3, 2021 | |
Maria Luisa Rodriguez Tornes v. William P. Barr“Amicus Curiae Brief in Maria Luisa Rodriguez Tornes vs. William P. Barr” NIWAP led an amicus brief with DLA Piper for a case filed in the 9th Circuit discussing how domestic violence victims are able to receive gender-based asylum because they domestic violence they experience is based on their social group membership. NIWAP’s brief documented the cultural, religious and social conditions that domestic violence victims suffer that serves as a valid basis for domestic violence related gender bas Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Asylum
Court of appeals
|
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 Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Asylum
Removal defense
BIA
Court of appeals
|
May 12, 2021 | |
Sample: EOIR FOIA Request Cover LetterCall 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 Evidence / Procedure work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use. |
National Immigrant Justice Center National Direct PDF available |
Evidence and procedure
Immigration court
BIA
|
Feb 25, 2021 | |
Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the CaseThis Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the Administrative Procedure Act (APA). It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise. 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
Evidence and procedure
Federal district court
|
Feb 22, 2021 | |
Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act (APA) — such as a complaint challenging an employment-based immigration petition denial : “I just received the government’s answer. Now what ?” It explains next steps: the government’s filing of the certified administrative record followed by the parties moving for summary judgment. The practice tip also explains ho Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Employment; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Employment
Federal court
Evidence and procedure
Cross-forum
|
Nov 20, 2020 | |
Requesting Attorneys’ Fees Under the Equal Access to Justice ActThe Equal Access to Justice Act (EAJA) authorizes payment by the government of attorneys’ fees and costs for successful federal court litigation against the government. A successful litigant who establishes eligibility under EAJA is entitled to a fee award for litigating both the case and the fee motion. Fees and costs under EAJA are assessed without regard to whether or how much money, if any, the client actually paid his or her attorney. As such, attorneys who take cases on a pro bono or “low 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
Cross-forum
|
Aug 14, 2020 | |
Sample: U Visa client deadline letter for supporting documentsCall 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 Consular work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use. |
National Immigrant Justice Center National Direct PDF available |
Consular practice
VAWA / U / T
Immigration court
BIA
|
May 7, 2020 | |
Translation Form: Divorce DecreeCall 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 Evidence / Procedure work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use. |
National Immigrant Justice Center National Direct PDF available |
Evidence and procedure
Immigration court
BIA
|
May 7, 2020 |