BIA Edge

Practice resources

Practice resources

Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

More filters
Clear all
892 resources 24 sources 826 direct files
Common starting points
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
Workflow: Immigration court deadline Clear

Results

Showing 193-204 of 606 resources.

Sorted by Newest first
National Immigration Project Practice advisory Feb 8, 2022

Practice Alert: Matter of Laparra

In Matter of Laparra , 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality Act (INA) section 239(a)(1). This practice alert provides brief background on the case law relevant to Laparra , describes the Laparra decision and its implicat

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
Direct PDF Source page Record
National Immigration Project Template motion Dec 21, 2021

Equal Protection Challenges to Prosecutions Under 1325 & 1326: The Groundbreaking Decision in United States v. Carillo-Lopez

Over the past two years, federal defenders have begun challenging the laws that criminalize crossing the border — 8 U.S.C. § 1325 and 8 USC § 1326 — on the grounds that the law is racist, and therefore unconstitutional. Recently, in a case called United States v. Carrillo Lopez (“ Carrillo-Lopez ”), Judge Miranda Du in the District of Nevada agreed with this argument and granted a motion to dismiss a criminal case against a person charged with the crime of crossing the border after being previou

Crimes and categorical approach Immigration court BIA Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Dec 16, 2021

Update on DOJ Grants Under the Biden Administration

Throughout the Trump Administration, the federal government has sought to undermine sanctuary policies by requiring that cities help ICE with immigration enforcement in order to receive certain federal grants from the DOJ. These policies have spurred a dozen lawsuits, almost all of which have ruled in favor of the cities challenging DOJ’s conditions. In 2021, the Biden administration removed all current and prior immigration conditions on federal grants. This advisory explains more about the gra

Evidence and procedure Cross-forum Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Nov 30, 2021

Practice Advisory for Immigration Advocates: The Biden Administration's Final Enforcement Priorities

This practice advisory provides an overview of the final priorities. The Memo also suggests ways for practitioners to utilize the Mayorkas Memo and its lack of bright-line rules to craft persuasive arguments to protect their clients from harmful enforcement action.

Evidence and procedure Cross-forum Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Nov 24, 2021

Practice Advisory: Advocacy Strategies After United States v. Palomar-Santiago

This advisory first reviews the case history and the precedent governing the legal situation Mr. Palomar-Santiago was in when he was charged with illegal re-entry. It then addresses both Mr. Palomar-Santiago’s and the government’s arguments before the Court and the Court’s decision. Finally, the advisory turns to how the Court’s decision affects advocacy strategies for future collateral attacks on removal orders under § 1326(d).

Removal defense Entry and admission Cross-forum Direct PDF
Direct PDF Source page Record
ASISTA Practice manual Nov 1, 2021

Advisory on new T Visa sections of the USCIS Policy Manual (November 2021)

%PDF-1.6 %���� 1723 0 obj <> endobj 1758 0 obj <>/Filter/FlateDecode/ID[<37C53C1572C35443B1902259615DC3DC><42114E3AEBF339469B26CB436F393914>]/Index[1723 63]/Info 1722 0 R/Length 149/Prev 287617/Root 1724 0 R/Size 1786/Type/XRef/W[1 3 1]>>stream h�bbd```b``�"W�H�� �� ,� ��;�H��`�(�|���@$K����� u`�}Y"Uu�$��-��:�|^��f��H�/`6�d���Bģ���c�f�H��@���`&F6/�^�AG�g�S� ���^� endstream endobj startxref 0 %%EOF 1785 0 obj <>stream h�b```f``����� �� Ā�B , l@����nj����E�"s!���] �š

VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Oct 5, 2021

How to Use the Categorical Approach Now (2021)

With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants charged with or convicted of crimes. This Update of our long-running article includes discussion of Pereida v. Wilkinson, 141 S.Ct. 754 (2021).

Removal defense Crimes and categorical approach Cross-forum Direct PDF
Direct PDF Source page Record
American Immigration Council Practice advisory Oct 5, 2021

Immigration Lawsuits and the APA: The Basics of a District Court Action

This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action.

Federal court Evidence and procedure Federal district court Direct PDF
Direct PDF Source page Record
ASISTA Practice advisory Jul 2, 2021

Albence Practice Advisory (Updated 6/21/2021): Stay Extended through July 2, 2021

%PDF-1.6 %���� 168 0 obj <> endobj 191 0 obj <>/Filter/FlateDecode/ID[ ]/Index[168 45]/Info 167 0 R/Length 110/Prev 447811/Root 169 0 R/Size 213/Type/XRef/W[1 3 1]>>stream h�bbd```b``� � �i5�d��;����&�@$cX�U0 ��f���Q`2DI�H [ �Xx���f�H�C ��(�� >�� � s�K�J�g` x `��X endstream endobj startxref 0 %%EOF 212 0 obj <>stream h�b```�V�# B  �� ea���$��,�`��͒aN���O���JgX'0ɹ�o```�aҌ�b��}�� �� �>Lp˞'�q���ڧ�g?� ��̸.��~�}�5���EK���h`�``�h`��Pi���" l����Y� ,����(˂��b`pd�� ϰ�A�

VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Direct PDF Source page Record
American Immigration Council Practice advisory Jun 30, 2021

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

In Niz-Chavez v. Garland , 141 S. Ct. 1474 (2021), the Supreme Court held that a Notice to Appear must convey the time and place of the hearing in a single document in order to trigger the stop-time rule in cancellation of removal cases, and that a subsequently-issued hearing notice does not stop time if the Notice to Appear did not include the required information. The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective N

Removal defense Cross-forum Direct PDF
Direct PDF Source page Record