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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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Immigration court deadline 624 Asylum merits package 95 Motions, stays, and pretermission 139 Bond, detention, and habeas 85 BIA, PFR, and federal court 466 USCIS and AAO appeals 214 Crim-imm screening 158 VAWA, U, T, and survivor relief 197
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Showing 133-144 of 466 resources.

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NIWAP Library Amicus brief Sep 18, 2023

Guardianship of S.H.R. v. Jesus Rivas

“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP filed an amicus brief in the Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS predicate findings. The amicus brief developed by Manatt, Phelps and Phillips for NIWAP detailed the legislative and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of Appeals directly contradicts this legislative and regulat

Special immigrant Children and SIJS Immigration court BIA Direct PDF
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NIWAP Library Amicus brief Sep 13, 2023

Ramirez-Avila

Ramirez-Avila, Board of Immigration Appeals (2007). Amicus brief discussing the Violence Against Women Act’s lesser extreme hardship standard and the approach to be taken in VAWA cancellation of removal cases with regard to good moral character. (Arnold and Porter, Pro Bono).

Removal defense VAWA / U / T BIA Direct PDF
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NIWAP Library Amicus brief Sep 13, 2023

Sanchez v. Gonzalez

Sanchez 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

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
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NIWAP Library Resource directory Sep 13, 2023

Violence Against Women Act-VAWA Self-Petitions, Suspension of Deportation and Cancellation of Removal

Esteban 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

Removal defense Naturalization BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 23, 2023

Practice Alert: USCIS & BIA Affirm Three- and Ten-Year Unlawful Presence Bars Can Run in the U.S.

This practice alert provides an overview of new USCIS policy guidance and a recent BIA case that now officially acknowledge that the three- and ten-year unlawful presence bars can run in the United States. This practice alert summarizes current policy on the three- and ten-year bars as well as covering who does (and does not) benefit from this policy.

BIA appeals USCIS BIA Direct PDF
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American Immigration Council Practice advisory Aug 22, 2023

Practice Alert: Overview of the Supreme Court’s Decision in Pugin v. Garland

On 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

Crimes and categorical approach Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 14, 2023

Challenging an Immigration Judge's Adverse Credibility Finding with the Board of Immigration Appeals, Part Two

This is the second part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The two advisories should be read together, as neither part is complete on its own. This second part of the advisory discusses how to challenge adverse credibility findings based on a witness's demeanor or responsiveness; findings that are based on an immigration judge's speculation and conjecture, particularly regarding

BIA appeals Evidence and procedure Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 17, 2023

Obstruction of Justice: Pugin and California Offenses

Conviction of “obstruction of justice” is an aggravated felony if a sentence of a year or more is imposed. In Pugin v. Garland, No. 22-23 (June 22, 2023) , the Supreme Court overturned the Ninth Circuit’s definition of obstruction, but failed to provide a clear definition of its own. Now some California offenses are likely aggravated felonies if there is a sentence of year or more, including Penal Code §§ 32, 69, 136.1, 148, Vehicle Code § 10851, and others.

Crimes and categorical approach Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 26, 2023

Challenging an Immigration Judge's Adverse Credibility Finding with the Board of Immigration Appeals, Part One

This is the first part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The advisory guides practitioners on what constitutes a proper adverse credibility finding and what to do if the finding is unclear or improper. It then specifically identifies the most common bases for adverse credibility findings, with practical advice on how to challenge each type of finding per current case law.

BIA appeals Evidence and procedure Immigration court BIA Direct PDF
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American Immigration Council Practice advisory Jun 20, 2023

A Step-by-Step Guide to Filing a FOIA Lawsuit

This 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

Removal defense Federal court Federal district court Direct PDF
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ASISTA Practice advisory May 8, 2023

Unofficial Notes from USCIS Stakeholder Call on VAWA, U, and T Issues (May 8, 2023)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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