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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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Immigrant Legal Resource Center Practice advisory Jun 11, 2019

Public Charge as a Ground of Deportability

Under the Immigration and Nationality Act (INA), any noncitizen who “within five years from the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.” In current practice, this ground of deportability rarely comes up in pending removal proceedings or as a reason for the initiation of removal proceedings.

Removal defense Entry and admission Cross-forum Direct PDF
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American Immigration Council Practice advisory May 23, 2019

Reinstatement of Removal

“Reinstatement of removal” is a summary removal procedure pursuant to § 241(a)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1231(a)(5), 8 C.F.R. § 241.8. With limited statutory and judicial exceptions, the reinstatement statute applies to noncitizens who return to the United States without authorization after having been removed under a prior order of deportation, exclusion, or removal. Reinstatement orders can be issued anywhere in the United States and can be issued against nonc

Removal defense Evidence and procedure Cross-forum Direct PDF
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American Immigration Council Practice advisory Feb 27, 2019

Notices to Appear

This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens. It provides an overview of the legal requirements for a Notice to Appear (NTA) and strategies available to attorneys to cancel, mitigate, or challenge the contents of an NTA. In addition to presenting legal and procedural arguments, the Advisory provides strategies to attorneys wishing to seek prosecutorial discretion in connection with the NTA. The Advisory was originally drafte

Removal defense Cross-forum Direct PDF
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Immigrant Defense Project Practice advisory Jan 24, 2019

Practice Advisory: The Conviction Finality Requirement in Light of Matter of J.M. Acosta : The Law Circuit-by-Circuit and Practice Strategies Before the Agency and Federal Courts (January 24, 2019, by IDP)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 3, 2019

Naturalization Field Guide: Resources for Red Flag Screenings and Application Reviews

It has always been important to screen naturalization applicants thoroughly to ensure that they are, in fact, eligible for naturalization, and to assess any potential issues that could cause them to denied or deported. While the laws governing how and when someone is eligible to naturalize and how and when someone is deportable have not changed, the importance of screening applicants has increased in light of the new NTA Memo. This packet is meant to assist practitioners in screening naturalizat

Removal defense Naturalization Cross-forum Direct PDF
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Immigrant Legal Resource Center Checklist Dec 21, 2018

Representing Clients at the Master Calendar Hearing: How to Prepare for an Initial Hearing, with Quick-Reference Checklist

The master calendar hearing is the first hearing in removal proceedings before an immigration judge of the Executive Office for Immigration Review, during which serious substantive decisions can be made in an immigrant’s removal case. Advocates must be well prepared and have a clear case strategy in mind prior to the master calendar hearing, as well as a detailed plan for how to advocate during this hearing. This advisory and accompanying checklist are designed to provide a quick guide for advoc

Removal defense Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 20, 2018

Representing Naturalization Clients in the Wake of USCIS's New NTA Memo

USCIS's Policy Memorandum of June 28, 2018, provides new guidance for when USCIS will issue a Notice to Appear (NTA) to applicants requesting immigration benefits. This practice advisory outlines the NTA Memo’s impact on naturalization cases. Specifically, this advisory discusses the NTA Memo’s particular directives for naturalization cases; provides the legal context for when a naturalization applicant can be placed in removal proceedings; discusses best practices for preparing a naturalization

Removal defense Naturalization USCIS Direct PDF
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ACLU Practice advisory Oct 23, 2018

Practice Advisory: Bond Hearings for Individuals Subject to Prolonged Detention: Guerrero-Sanchez v. Warden, York County Prison

Practice Advisory: Guerrero-Sanchez v. Warden, York County Prison | American Civil Liberties Union Skip navigation document Practice Advisory: Guerrero-Sanchez v. Warden, York County Prison Document Date: October 23, 2018 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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American Immigration Council Practice advisory Sep 10, 2018

Motions for a Continuance

This Practice Advisory provides a practitioner-focused overview of motions to continue a case in removal proceedings, from the basics of making a continuance motion to jurisdictional bars to appellate review of continuances. It provides an overview of continuance practice in immigration court, summarizing guidance from the Executive Office for Immigration Review discouraging the use of continuances and case law establishing scenarios where continuances are appropriate. It also sets forth strateg

Removal defense Evidence and procedure Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 31, 2018

Risks of Applying for Special Immigrant Juvenile Status (SIJS) in Affirmative Cases

USCIS recently issued updated guidance on when it will refer a person to Immigration & Customs Enforcement (ICE) or issue a Notice to Appear (NTA, the charging document that begins a case in immigration court). Advocates must consult this memorandum in evaluating the risk of referral in individual cases, as it now requires USCIS to issue an NTA in any case in which, “upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the

Removal defense Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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American Immigration Council Practice advisory Jul 18, 2018

Strategies and Considerations in the Wake of Pereira v. Sessions

In Pereira v. Sessions , the Court held that service of a defective Notice to Appear does not cut off eligibility for cancellation of removal. The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective Notices to Appear.

Removal defense Cross-forum Direct PDF
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