Practice Advisories & Brief Bank
Public immigration practice advisories, sample briefs, template motions, amicus briefs, and government guidance, organized in one searchable index and linked to the original host.
Filters
| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
Jae Lee v. U.S.: Establishing Prejudice Under Padilla v. KentuckyExplains how Jae Lee fits into Padilla prejudice litigation and how to use the decision when immigration consequences drove the plea decision. Why it matters: Still worth keeping in the database because Padilla-prejudice questions remain common and this is a practical bridge between criminal and immigration strategy. |
Immigrant Defense Project National Direct PDF available |
Crimes and categorical approach
Federal court
Federal district court
Court of appeals
|
Jul 7, 2017 | |
Esquivel-Quintana v. SessionsPractice 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. Why it matters: A durable reference for categorical-approach work because the case continues to matter well beyond the specific facts that produced it. |
Immigrant Defense Project National Direct PDF available |
Crimes and categorical approach
Removal defense
Immigration court
BIA
Court of appeals
|
Jun 8, 2017 | |
Administrative Removal Under 238(b): Questions and AnswersQuestion-and-answer advisory on administrative removal under INA § 238(b), including threshold eligibility, notice issues, and strategy for resisting or mitigating the process. Why it matters: Good niche inclusion because administrative-removal cases often move fast and practitioners benefit from a compact issue checklist. |
Immigrant Defense Project National Direct PDF available |
Crimes and categorical approach
Removal defense
Entry and admission
Cross-forum
|
Feb 16, 2017 | |
Voluntary Departure Rule: Q&AThis Q&A informs lawyers about some of the most important aspects of the December 18, 2008 voluntary departure rules adopted by Executive Office for Immigration Review. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Cross-forum
|
Oct 24, 2016 | |
Practice Tip: Mandamus May Get Results When Nothing Else WorksThis Practice Tip demystifies mandamus by explaining how and when to ask a court for this remedy when a client has been waiting too long for USCIS to make a decision. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Evidence / Procedure; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Evidence and procedure
USCIS
|
Sep 14, 2016 | |
Practice Tip: Building the Record for Employment-Based PetitionsWe encourage business immigration practitioners to consider using litigation as a tool to achieve client objectives. This Practice Tip outlines how you can build a strong administrative record to set the stage for challenging the denial of a client’s visa petition in federal court. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Employment; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Employment
Federal court
Consular practice
Cross-forum
|
Aug 10, 2016 | |
Practice Tip: Responding to a Request for EvidenceThis Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response. It also includes advice about how to review the RFE, prepare the client, assess the evidence, obtain additional evidence, and structure the response. While the immediate goal of an RFE response is to obtain petition approval, building a strong administrative record is crucial if federal court review becomes a mu Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Federal court
Evidence and procedure
Cross-forum
|
Aug 10, 2016 | |
Practice Tip: When to Appeal to the Administrative Appeals Office (AAO)This Practice Tip analyzes the pros and cons of appealing to the Administrative Appeals Office (AAO) following the denial of an employment-based visa petition. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Employment; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Employment
BIA appeals
Consular practice
USCIS
BIA
|
Aug 10, 2016 | |
Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court BacklogThe immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Asylum; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Asylum
Evidence and procedure
Immigration court
|
Jul 18, 2016 | |
Dent v. Holder and Strategies for Obtaining Documents During Removal ProceedingsThis Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Cross-forum
|
Jul 14, 2016 | |
Finality of Removal Orders for Judicial Review PurposesThe Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
BIA appeals
Federal court
Immigration court
BIA
Court of appeals
|
Jul 14, 2016 | |
How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration CaseThis Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on BIA Appeals; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
BIA appeals
Federal court
Evidence and procedure
BIA
Court of appeals
|
Jul 14, 2016 |