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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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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
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Immigrant Defense Project Practice advisory Jun 22, 2021

Practice Advisory: Overview of Borden v. United States for Immigration Counsel (June 22, 2021) (by IDP, NIP-NLG, and NILA)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 21, 2021

Advocating for Clients in Removal Proceedings Using the OPLA Prosecutorial Discretion Memo

ICE enforcement priorities have changed under the Biden administration , signaling a return to the use of prosecutorial discretion. On May 27, 2021, the ICE Principal Legal Advisor issued guidance for OPLA attorneys about how and when to exercise prosecutorial discretion during various stages of removal proceedings. EOIR subsequently issued its own memo discussing EOIR policies related to the enforcement priorities. Building upon our previous practice advisory, Advocating for Clients under the B

Removal defense Cross-forum Direct PDF
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ASISTA Practice advisory Jun 11, 2021

Updated Practice Alert Regarding Certain U and T After-Acquired Cases (June 11, 2021)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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Immigrant Defense Project Practice advisory Jun 3, 2021

Practice Advisory: “Realistic Probability” in Immigration Categorical Approach Cases (June 3, 2021) (by IDP and NIP-NLG)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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National Immigration Project Practice advisory May 31, 2021

Practice Alert Update: Proposed Criminal Bars to Asylum - Current Status of Regulations Governing Eligibility for Asylum and (c)(8) EAD

On July 9, 2020, NIPNLG published a Practice Alert examining the intersection of the criminal bars proposed in those regulations. In the latter half of 2020, final versions of all three proposed rules were issued, and were subsequently challenged in litigation before their effective dates. This Practice Alert provides an update on the current status of the rules as they apply to asylum seekers with criminal contacts in light of the litigation developments. As these proceedings are ongoing, this

Asylum Removal defense Crimes and categorical approach Cross-forum Direct PDF
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NIWAP Library Amicus brief May 12, 2021

Petition for asylum was granted and remand for further proceedings by Circuit Judge Graber and Judge Richard A. Paez (04/05/21)

In this opinion the 9th Circuit Federal Court of Appeals ruled that Rodrigues Tornes is eligible for gender based asylum because her domestic abusers (both her former husband and later another former intimate partner) persecuted her for her feminist opinions and views on her rights as a woman. In this case issued after both “Matter of A-B- I” and “Matter of A-B- II the 9th Circuit federal court of appeals ruled that a woman who was persecuted by domestic abusers because of a feminist political o

Asylum Removal defense BIA Court of appeals Direct PDF
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National Immigration Project Practice advisory May 7, 2021

Practice Advisory: Settling FTCA Litigation for Immigration Relief

This practice advisory discusses strategies for obtaining immigration relief as part of a settlement agreement with the government to resolve a lawsuit for damages brought under the Federal Tort Claims Act (FTCA) based on torts committed by agents of U.S. Immigration and Customs Enforcement (ICE) and/or U.S. Customs and Border Protection (CBP).

Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory May 5, 2021

Advocating for Immigrant Survivors of Medical Abuse at the Irwin County Detention Center

This practice advisory is intended to assist individuals seeking damages, stays of deportation, and long-term immigration relief based on medical abuse suffered at ICDC. This practice advisory explains how to determine eligibility and file administrative claims under the Federal Torts Claims Act (“FTCA”) for monetary damages, stays of removal with Immigration and Customs Enforcement (“ICE”), administrative complaints with the DHS Office for Civil Rights and Civil Liberties (“CRCL”), and U Visa c

Removal defense Detention / bond Consular practice Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 14, 2021

Pereida v. Wilkinson and California Offenses

In Pereida v. Wilkinson, 141 S.Ct. 754 (March 4, 2021), the Supreme Court issued another opinion on the categorical approach, which is the analysis authorities use to decide whether a criminal conviction triggers removal grounds. Pereida focuses on the “modified” categorical approach, which is how courts approach a conviction under a statute that sets out multiple, separate, offenses (a “divisible” statute). Pereida overruled Marinelarena v. Barr , 930 F.3d 1039 (9th Cir. 2019) (en banc).

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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