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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 May 2, 2024

Wilkinson v. Garland (September 2023) US Supreme Court.

NIWAP participated in an amicus brief on writ of certiorari to the US Court of Appeals of the Third Circuit to ensure that courts review BIA hardship determinations for immigrant victims of domestic violence seeking cancellation of removal under VAWA. SCOTUS ruled in favor of Wilkinson, holding that the application of the exceptional and extremely unusual hardship standard to an established set of facts is a mixed question of law and fact that is reviewable under 1252(a)(2)(D). This ruling gives

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
Immigrant Legal Resource Center Practice manual Apr 26, 2024

Guidance for SIJS State Court Predicate Orders in California- What You Need to Know in 2024

This updated guidance, written with our partners Immigrant Legal Defense (ILD), International Rescue Committee (IRC), and Legal Services for Children (LSC), includes recommendations for what information to include in state court predicate orders for special immigrant juvenile status (SIJS) in California. It incorporates guidance from the 2022 SIJS regulations as well as the USCIS Policy Manual, and includes helpful citations to California law. It also includes sample predicate orders from family

Family-based practice Special immigrant Children and SIJS USCIS Immigration court Direct PDF
NIWAP Library Resource directory Apr 25, 2024

Employment and Immigrants

Hoffman Plastic Compounds, Inc. v. National Labor Relations Board (December 10 2001) Supreme Court of the United States. National Immigrant Law Center (NILC) and others, represented by National Employment Law Project, submitted this amicus brief supporting the importance of back pay remedies when labor laws are violated including relief for undocumented workers. Second amicus brief filed regarding a Government of Mexico requested advisory opinion from the Inter-American Court of Human Rights (20

Employment Cross-forum
NIWAP Library Resource directory Apr 25, 2024

Family Law

* United States v. Dixon (December 2 1992-June 28 1993) U.S. Supreme Court. United States V. Michael Foster (United States v. Dixon, 598 A.2d 724, 725 (D.C. 1991), cert. denied, 112 S. Ct. 1759 (1992), aff’d in part and rev’d in part, 113 S. Ct. 2849 (1993). Amicus brief filed in the Supreme Court of the United States as the organization that serves as counsel for the domestic violence victim in the underlying protection order contempt proceeding that resulted in an over 600 day sentence for mul

Family-based practice Cross-forum Direct DOC
NIWAP Library Resource directory Apr 25, 2024

Federal Preemption in Immigration Law

Friendly House Et Al., V. Michael B. Whiting Et Al ., (June 11, 2010) United States District Court Arizona. Legal Momentum, recruited by the ACLU, MALDEF, The National Immigration Law Center, and the Asian Pacific American Legal Center (represented by Manatt, Phelps, and Phillips) to organize a brief articulating immigrant 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

Removal defense Federal court Federal district court
NIWAP Library Resource directory Apr 25, 2024

Gender-Based Asylum

Vallabhaneni (September 27 2001) Board of Immigration Appeals. NOW Legal Defense Fund and others filed this amicus in support of the appeal by Aruna C. Vallabhaneni of the decision of the Immigration Judge denying her application for political asylum despite an undisputed record of years of severe domestic violence and her inability to obtain protection from the government of India. The record before the judge established that Ms. Vallabhaneni was persecuted in the past and that she has a well-f

Asylum BIA appeals Immigration court BIA
NIWAP Library Resource directory Apr 25, 2024

Public Benefits Access for Immigrants

Jane Doe v. Claire McIntire (August 10, 2001) Commonwealth of Massachusetts Supreme Judicial Court. NOW Legal Defense Team, represented by Foley, Hoag & Eliot, Pro Bono, filed an amicus brief appealing a denial of TANF benefits to two immigrant women lawfully residing in Massachusetts, the denial was based on six month residence requirement before receiving benefits. One woman was fleeing domestic violence and the other residing with family during pregnancy.

Family-based practice BIA appeals BIA Direct PDF
NIWAP Library Resource directory Apr 25, 2024

Special Immigrant Juvenile Status

Guardianship of S.H.R. v. Jesus Rivas (March 21, 2022; August 15, 2022) Supreme Court of California. NIWAP, represented by Manatt, Phelps and Phillips, 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 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

BIA appeals Federal court Special immigrant Immigration court BIA Direct PDF
NIWAP Library Resource directory Apr 25, 2024

Trauma, Testimony, and Adult Victims

Gabriel Perez Cruz v. Barr , (July 2 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 com

Removal defense Family-based practice BIA appeals BIA Court of appeals
NIWAP Library Resource directory Apr 25, 2024

Trauma, Testimony, and Child Brain Development

BIA Amicus Invitation 2016-0609 (September 1 2016) Board of Immigration Appeals, NIWAP, Crowell and Moring. NIWAP and The Lutheran Immigration and Refugee Service submitted this amicus brief to the Board of Immigration Appeals discussing the brain development and neuroscience of how having experienced or witnessed trauma impacts the brain development of children and adolescents. The brief argues that in cases of child asylum applicants’ waivers of the one-year deadline based on extraordinary cir

Asylum Waivers BIA appeals BIA
NIWAP Library Resource directory Apr 25, 2024

U Visa

United States V. Luciana Moreno-Lopez ; (June 7 2010) United States District Court, Eastern District of Chattanooga. The National Network to End Violence Against Immigrant Women, among others, and represented by Dean Hill Rivkin, filed an amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security. The workers

Detention / bond Federal court Consular practice Federal district court