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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 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
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Showing 133-144 of 606 resources.

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NIWAP Library Amicus brief Sep 21, 2023

Friendly House Et Al., V. Michael B. Whiting Et Al

Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’

Evidence and procedure Federal district court Direct PDF
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NIWAP Library Amicus brief Sep 21, 2023

Gabriel Perez Cruz v. Barr

Gabriel Perez Cruz v. Barr (2020) U.S. Court of Appeals 9th Circuit. NIWAP assisted the Family Violence Appellate Project in California in developing, securing social science support for and national sign ons from 16 organizations nationally for this 9th Circuit Amicus Brief in which we were represented by Haney and Boone LLP. The brief discussed the mental health impact of domestic violence and coercive control in abusive relationships and perpetrators who coerce their victims into committing c

Evidence and procedure BIA Court of appeals Direct PDF
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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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National Immigration Project Practice advisory Sep 15, 2023

Practice Advisory: Advocating for Prosecutorial Discretion Under the Biden Administration’s Prosecutorial Discretion Guidance

This practice advisory describes the Biden administration’s current prosecutorial discretion policy in the wake of the Supreme Court’s decision in United States v. Texas, 143 S. Ct. 1964 (2023), focusing on the 2021 "Mayorkas Memo" and the 2022 "Doyle Memo," both of which were reinstated following the Supreme Court's June 2023 decision. The practice advisory provides tips for practitioners advocating for prosecutorial discretion on behalf of noncitizens with Immigration and Customs Enforcement (

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 14, 2023

Overview of Seeking Special Immigrant Juvenile Status (SIJS) Findings in Juvenile Court: A Resource for Juvenile Defenders and Children’s Attorneys in California

This advisory provides basic information on how to obtain the SIJS predicate order in juvenile court. It describes the benefits, requirements, and deadlines associated with SIJS, and discusses the role of the juvenile defense or children’s attorney in the process. It includes a sample SIJS predicate order from juvenile justice proceedings.

Special immigrant Children and SIJS Immigration court 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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National Immigration Project Practice advisory Aug 18, 2023

Practice Advisory: Motions to Reopen Migrant Protection Protocols Removal Orders

(Updated Dec. 27, 2023) This practice advisory, authored by the National Immigration Project and the Center for Gender and Refugee Studies, offers a comprehensive review of strategies for reopening cases that were denied under the Migrant Protection Protocols ("MPP"), including equitable tolling arguments, the substantive standards for reopening in absentia and non-in absentia removal orders, and tips for advocating for clients who were in MPP. The advisory also discusses the complexities around

Asylum Removal defense Motions to reopen / reconsider Cross-forum 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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National Immigration Project Practice advisory Jul 11, 2023

Practice Alert: OIL Accepts Limited Representation Forms for Pro Se Petitioners with Pending PFRs

Recognizing the challenges that pro se noncitizens face in navigating options for resolving petitions for review (PFRs) through negotiations with government attorneys from the Department of Justice’s Office of Immigration Litigation (OIL), OIL has recently agreed to accept limited representation forms from attorneys who have not entered an appearance in the PFR but who are able to provide limited representation for the purpose of negotiating resolutions of a PFR, including through requests for p

Removal defense Cross-forum Direct PDF
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