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Immigration Practice Resources

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Immigrant Defense Project Practice advisory Jul 16, 2018

UPDATED Practice Advisory: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information: How to use Pereira v. Sessions to overcome the “stop-time” rule and, more broadly, to challenge Immigration Court jurisdiction (updated July 16, 2018, by IDP and NIP-NLG)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
ACLU Practice advisory Jul 1, 2018

Practice Advisory: Parole of Arriving Asylum Seekers who have Passed Credible Fear, Damus v. Nielsen

The American Civil Liberties Union, Center for Gender and Refugee Studies, Human Rights First, and Covington & Burling LLP filed a federal lawsuit challenging the Trump administration’s arbitrary detention of asylum seekers fleeing persecution, torture, or death in their countries of origin.

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
Immigrant Legal Resource Center Sample brief Jun 27, 2018

Case Update: The Domestic Violence Deportation Ground

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportability. Recent Board of Immigration Appeals and federal decisions, including the Supreme Court decision in Sessions v. Dimaya , significantly affect each of the four bases. This advisory will provide a brief overview of the deportation ground, and then outline the recent decisions and how they may affect representation in California and the Ninth Circuit. It includes an appendix analyzing common Califor

Removal defense BIA appeals BIA Court of appeals Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 6, 2018

Non-LPR Cancellation of Removal: An Overview of Eligibility for Immigration Practitioners

Cancellation of removal for Non–Permanent Residents under INA § 240A(b)(1) is a critical defense to deportation available to certain non-citizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card, but the eligibility requirements for non-LPR cancellation are distinct from other means of applying for a green card, and also from other types of cancellation of removal. It is important for immigration practitioners to be familiar with non

Removal defense Family-based practice Cross-forum Direct PDF
Immigrant Defense Project Practice advisory Apr 25, 2018

Practice Advisory: Sessions v. Dimaya : Supreme Court strikes down 18 U.S.C. §16(b) as void for vagueness (April 25, 2018, by IDP and NIP-NLG)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
National Immigration Project Template motion Apr 25, 2018

Sessions v. Dimaya: Supreme Court strikes down 18 U.S.C. § 16(b) as void for vagueness

In this advisory, we review the Supreme Court’s decision in Dimaya (see Section I) and what the decision may mean for others charged with other similarly nebulous removal grounds (see Section II). We also discuss suggested strategies and provide a sample motion to reconsider for cases affected by Dimaya, which should be filed by May 17, 2018. (see Section III).

Removal defense Motions to reopen / reconsider Immigration court BIA Direct PDF
Immigrant Defense Project Practice advisory Apr 18, 2018

Practice Advisory: Litigating CIMT Theft Removal Charges and Adjudicative Retroactivity in the Second Circuit After Obeya v. Sessions (April 18, 2018, by IDP)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
ACLU Practice advisory Mar 21, 2018

Practice Advisory: Prolonged Detention Challenges after Jennings v. Rodriguez

Practice Advisory: Prolonged Detention Challenges after Jennings v. Rodriguez | American Civil Liberties Union Skip navigation document Practice Advisory: Prolonged Detention Challenges after Jennings v. Rodriguez Document Date: March 21, 2018 Download document Download document Skip to PDF content Related Issues Immigrants' Rights Immigrants' Rights and Detention

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 2, 2018

U Nonimmigrant Status as a Defense from Removal for Lawful Permanent Residents

In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may also be a particularly important form of removal defense for certain lawful permanent residents (LPRs) facing deportation, likely on the basis of criminal convictions. This Practice Advisory provides an

Removal defense Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
American Immigration Council Practice advisory Feb 6, 2018

The Basics of Motions to Reopen EOIR-Issued Removal Orders

This practice advisory provides a basic overview of motions to reopen removal orders that are filed with the Executive Office for Immigration Review (EOIR), which consists of immigration courts throughout the country and the Board of Immigration Appeals, located in Falls, Church Virginia. The advisory also provides basic information about how to seek a stay in conjunction with the filing of a motion to reopen.

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
Immigrant Defense Project Practice advisory Jun 8, 2017

Esquivel-Quintana v. Sessions

Practice advisory on the Supreme Court’s Esquivel-Quintana decision and its effect on the aggravated-felony sexual-abuse-of-a-minor ground and related crim-imm arguments.

Crimes and categorical approach Removal defense Immigration court BIA Direct PDF