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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 Oct 24, 2023

Obiaga and Berrocal v. Ashcroft

Obiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild).

Removal defense BIA appeals VAWA / U / T BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

Rosalina Lopez-Umanzor

Rosalina Lopez-Umanzor, Board of Immigration Appeals (2004) and the U.C. Court of Appeals for the 9th Circuit (2004). Amicus briefs discussing violations of a victim’s due process rights when an immigration judge denies the victim the opportunity to present expert testimony on domestic violence in a cancellation of removal case and presenting social science data that influences how judges should make credibility determinations in VAWA cancellation of removal cases (Kirkpatrick and Lockhart, Pro

Removal defense VAWA / U / T Immigration court BIA Direct PDF
NIWAP Library Amicus brief Oct 24, 2023

Yessica Alvarado Euceda vs. Loretta Lynch

Yessica Alvarado Euceda vs. Loretta Lynch. NIWAP Inc. served as the lead amicus in an appeal of a denial of gender based asylum to the 5th Circuit Court of Appeals in the case of a Honduran battered immigrant who unsuccessfully attempted to end her relationship with her abusive boyfriend who was the father of her two children. The immigration judge and a single Board of Immigration Appeals judge denied gender based asylum to a battered mother who fled Honduras when she could find no protection f

Asylum Immigration court BIA Direct PDF
NIWAP Library Amicus brief Oct 20, 2023

European Connections & Tours, Inc. v. Gonzales ,

European Connections & Tours, Inc. v. Gonzales, (2006) Developed amicus brief and assisted the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equal Protection challenge to regulation of for-profit or majority for-profit but not cultural or religious International Marriage Brokers. (Crowell and Moring, Pro Bono).

Family-based practice Cross-forum Direct PDF
NIWAP Library Resource directory Oct 20, 2023

Gender Discrimination in U.S. Immigration Laws

Nguyen v. INS, 2000 (June 16 2000) U.S. App. LEXIS 6860 5th Circuit. Legal Momentum filed an brief in support of a Petition of Certiorari to the United States Supreme Court (2000) in an equal protection clause challenge to a federal immigration law that treats foreign born out-of-wedlock children of citizen mothers differently from similarly situated children of citizen fathers for purposes of obtaining citizenship.

Naturalization Children and SIJS Court of appeals
NIWAP Library Amicus brief Oct 20, 2023

Nguyen v. INS, 2000

Nguyen v. INS, 2000 U.S. App. LEXIS 6860 (5th Cir. June 16, 2000) Filed an brief in support of a Petition of Certiorari to the United States Supreme Court (2000) in an equal protection clause challenge to a federal immigration law that treats foreign born out-of-wedlock children of citizen mothers differently from similarly situated children of citizen fathers for purposes of obtaining citizenship. (Legal Momentum)

Evidence and procedure Cross-forum Direct PDF
NIWAP Library Resource directory Oct 20, 2023

The International Marriage Broker Regulation Act

European Connections & Tours, Inc. v. Gonzales , (April 24 2006) United States District Court For Northern District of Georgia. Legal Momentum/NOW, represented by Crowell and Moring, in publishing social science research, legislative history, and editorial assistance to the Tahirih Justice Center in an amicus brief submitted supporting the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equa

Family-based practice Federal court Federal district court
NIWAP Library Amicus brief Oct 11, 2023

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court of Rhode Island. NIWAP, represented by Crowell and Moring, led an amicus brief that was joined by Harvard Law School professors and clinics, the ACLU, the Rhode Island Coalition Against Domestic Violence, and all of the major women shelters in Rhode Island. This brief argued that USCIS had misinterpreted VAWA 2000 amendments that were designed to allow VAWA self petitioners to divorce,

Removal defense VAWA / U / T USCIS Federal district court Direct PDF
NIWAP Library Amicus brief Oct 11, 2023

Maria Esterlina Perez Vigil v. U.S.

Maria Esterlina Perez Vigil v. U.S. (February 29 2016) 5 th Circuit Court of Appeals. NIWAP, and various Immigration Law Professors from Texas, filed an amicus curiae brief on behalf of Maria Esterlina Perez Vigil a victim of domestic violence, who had denied her request for asylum because she was able to move out the residence that she shared with the abuser. The brief discussed the dynamics of abusive relationships and explained that physical separation from an abuser rarely means that an abus

Asylum BIA Court of appeals Direct PDF
Immigrant Legal Resource Center Practice advisory Oct 10, 2023

Inadmissibility After Applying for U Nonimmigrant Status

This practice advisory covers what to do when inadmissibility factors are discovered or triggered outside the U petitioning process such as after applying for or receiving U nonimmigrant status, adjusting status through INA § 245(m), adjusting status under a different petition, or traveling outside the country.

Adjustment of status Waivers Cross-forum Direct PDF
NIWAP Library Amicus brief Oct 6, 2023

Romain v Napolitano

Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant

VAWA / U / T BIA Federal district court Direct PDF
Immigrant Legal Resource Center Practice advisory Oct 5, 2023

No Crime to Be Poor: Defending Welfare Fraud Allegations in Criminal, Administrative, and Immigration Proceedings

Allegations of “welfare fraud” and “perjury” impact low-income immigrants disproportionately and often have devastating immigration consequences if a conviction results. This practice advisory explains how such allegations and criminal charges impact noncitizens, and are actually more often than not based on benefit caseworker errors, misunderstandings, and miscommunications, including language and literacy barriers, confusing and conflicting benefits program rules, and stem from historically en

Crimes and categorical approach Cross-forum Direct PDF