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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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NIWAP Library Amicus brief Oct 26, 2023

Rosen v. Ming Dai and Rosen v. Alcaraz

Rosen v. Ming Dai and Rosen v. Alcaraz (January 11 2021) Supreme Court of the United States. NIWAP assisted Jenner & Block LLP in developing and securing social science support in a brief filed to the Supreme Court of the United States on the question of credible testimony. The brief explained the impact of trauma on memory and ability to testify, other mental health conditions’ impact on memory and credibility, and credibility compared to truth.

Evidence and procedure Cross-forum Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

Aguilar-Jimenez

In the Matter of Aguilar-Jimenez, Board of Immigration Appeals (2002) Filed an amicus brief discussing the “extreme cruelty” and “extreme hardship” standards in the context of requests for suspension of deportation under VAWA, specifically that extreme cruelty includes the psychological and emotional abuse imposed on a child who is forced to watch as a parent is battered by another parent. (Crowell and Moring Pro Bono)

Removal defense VAWA / U / T BIA Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

In The Matter of: Suyi Varquero-Cubias

In The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals. NIWAP, represented by Tahirih Justice Center and Center for Gender and Refugee Studies, participated filed this brief in a case of a battered immigrant from El Salvador who separated from her abusive boyfriend and her abuser continued to stalk, sexually assault, and threaten her for the next two years until she fled in fear of her life for the United States. The Immigration Judge denied her asylum case based on t

Asylum BIA appeals Immigration court BIA Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

Obiaga and Berrocal v. Ashcroft

Obiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild).

Removal defense BIA appeals VAWA / U / T BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

Rosalina Lopez-Umanzor

Rosalina Lopez-Umanzor, Board of Immigration Appeals (2004) and the U.C. Court of Appeals for the 9th Circuit (2004). Amicus briefs discussing violations of a victim’s due process rights when an immigration judge denies the victim the opportunity to present expert testimony on domestic violence in a cancellation of removal case and presenting social science data that influences how judges should make credibility determinations in VAWA cancellation of removal cases (Kirkpatrick and Lockhart, Pro

Removal defense VAWA / U / T Immigration court BIA Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

Yessica Alvarado Euceda vs. Loretta Lynch

Yessica Alvarado Euceda vs. Loretta Lynch. NIWAP Inc. served as the lead amicus in an appeal of a denial of gender based asylum to the 5th Circuit Court of Appeals in the case of a Honduran battered immigrant who unsuccessfully attempted to end her relationship with her abusive boyfriend who was the father of her two children. The immigration judge and a single Board of Immigration Appeals judge denied gender based asylum to a battered mother who fled Honduras when she could find no protection f

Asylum Immigration court BIA Direct PDF
NIWAP Library Amicus brief Oct 20, 2023

Nguyen v. INS, 2000

Nguyen v. INS, 2000 U.S. App. LEXIS 6860 (5th Cir. June 16, 2000) Filed an brief in support of a Petition of Certiorari to the United States Supreme Court (2000) in an equal protection clause challenge to a federal immigration law that treats foreign born out-of-wedlock children of citizen mothers differently from similarly situated children of citizen fathers for purposes of obtaining citizenship. (Legal Momentum)

Evidence and procedure Cross-forum Direct PDF
NIWAP Library Amicus brief Oct 11, 2023

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court of Rhode Island. NIWAP, represented by Crowell and Moring, led an amicus brief that was joined by Harvard Law School professors and clinics, the ACLU, the Rhode Island Coalition Against Domestic Violence, and all of the major women shelters in Rhode Island. This brief argued that USCIS had misinterpreted VAWA 2000 amendments that were designed to allow VAWA self petitioners to divorce,

Removal defense VAWA / U / T USCIS Federal district court Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

Esteban Cabezas

Esteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) 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 immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono)

Removal defense VAWA / U / T BIA Direct PDF
Immigrant Legal Resource Center Practice advisory Oct 2, 2023

FOIA Requests at DHS

This practice advisory will review current practice in filing FOIA requests with DHS, including recent changes to FOIA filing with USCIS, ICE, CBP, and OBIM. Overall, DHS has been transitioning to online filing, but paper filing, including use of Form G-639, also remains an option. DHS revised the Form G-639 in November 2022. This advisory also describes the form revisions.

Evidence and procedure USCIS Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

Hoffman Plastic Compounds, Inc. v. National Labor Relations Board

Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, Supreme Court Of The United States (2001) filed an amicus brief supporting the importance of back pay remedies when labor laws are violated including relief for undocumented workers. Filed a second amicus brief regarding a Government of Mexico requested advisory opinion from the Inter-American Court of Human Rights (2002) concerning when a member nation of the Organization of American States (USA) limits labor law remedies availa

Employment Cross-forum Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

Kewan

Kewan, U.S. Court of Appeals for the 9th Circuit (2005). Amicus brief discussing research data and the dynamics of domestic violence against male victims and VAWA’s gender neutrality offering protection to both male and female victims. (Northwest Immigrant Rights Project)

Removal defense VAWA / U / T BIA Court of appeals Direct PDF