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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 Sep 21, 2023

W.M.V.C.; A.P.V. v. U.S

Amicus Brief in W.M.V.C.; A.P.V. v. U.S. NIWAP filed an amicus curiae brief on behalf of W.M.V.C. and her son A.P.V DV who suffered domestic violence and life-threats in a non-consensual relationship. The amicus brief discussed that the same power dynamics that precipitate domestic violence in heterosexual marital relationships apply and are present in same-sex and non-extramarital relationships. It also discussed the that the same factors that make a woman unable to leave an abusive opposite-se

Asylum Cross-forum Direct PDF
NIWAP Library Amicus brief Sep 20, 2023

Ada Merary Rivas-Ramos v Merrick Garland

“Ada Merary Rivas-Ramos v Merrick Garland”. NIWAP represented by Manatt, Phelps, and Phillips, LLP filed an amicus brief in the 8th Circuit Court of Appeals in a case of Ada Rivas-Ramos faced abuse at the hands of her former partner with whom she had been in a relationship with since she was 14 years old and shared children. Rivas-Ramos testified as to the sustained abuse she suffered throughout their relationship, including that the abuser hit her in the face with a bottle, threatened her and t

Asylum BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 20, 2023

Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S. US Court of Appeals Fourth Circuit

Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S., NIWAP filed an amicus curiae on behalf of Nelsa Rosa Hernandez Cabrera; A.J.E.H., the petitioner is a domestic violence victim, from Honduras, who suffered physical abuse and enormous amount of control from her husband. The amicus will be filed in the Fourth Circuit Federal Court of Appeals in a case that Hernandez Cabrera is seeking to overturn a decision by the Board of Immigration Appeals that denied her request seeking asylum. Winston & Strawn

Asylum BIA appeals Federal court BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 20, 2023

Pierre Salame Ajami v. Veronica Tescari Solano

“Pierre Salame Ajami v. Veronica Tescari Solano” (6 th Circuit Court of Appeals) NIWAP filed an Amicus Brief in a 6 th Circuit Court of Appeals case in which a Venezuelan mother who had been granted asylum in the United States as a victim of domestic violence was ordered by the District Court in a Hague Convention case to return her children who had also been granted asylum in the U.S. to their father in Venezuela. This appeal highlighted the error of law that the District Court made in failing

Asylum BIA Federal district court Direct PDF
NIWAP Library Amicus brief Sep 20, 2023

Reina Victoria Rodriguez-Ramirez v. William P. Barr

Reina Victoria Rodriguez-Ramirez v. William P. Barr. NIWAP filed an amicus curiae brief in the 5th Circuit Court in Texas. The brief discusses how incest relationships qualify as a domestic relationship and how laws of domestic violence should apply. Baker and McKenzie LLP. (August 16, 2019)

Asylum Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 18, 2023

Guardianship of S.H.R. v. Jesus Rivas

“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP 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 developed by Manatt, Phelps and Phillips for NIWAP 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 legislative and regulat

Special immigrant Children and SIJS Immigration court BIA Direct PDF
National Immigration Project Practice advisory Sep 15, 2023

Practice Advisory: Advocating for Prosecutorial Discretion Under the Biden Administration’s Prosecutorial Discretion Guidance

This practice advisory describes the Biden administration’s current prosecutorial discretion policy in the wake of the Supreme Court’s decision in United States v. Texas, 143 S. Ct. 1964 (2023), focusing on the 2021 "Mayorkas Memo" and the 2022 "Doyle Memo," both of which were reinstated following the Supreme Court's June 2023 decision. The practice advisory provides tips for practitioners advocating for prosecutorial discretion on behalf of noncitizens with Immigration and Customs Enforcement (

Evidence and procedure Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Sep 14, 2023

Overview of Seeking Special Immigrant Juvenile Status (SIJS) Findings in Juvenile Court: A Resource for Juvenile Defenders and Children’s Attorneys in California

This advisory provides basic information on how to obtain the SIJS predicate order in juvenile court. It describes the benefits, requirements, and deadlines associated with SIJS, and discusses the role of the juvenile defense or children’s attorney in the process. It includes a sample SIJS predicate order from juvenile justice proceedings.

Special immigrant Children and SIJS Immigration court Direct PDF
NIWAP Library Amicus brief Sep 13, 2023

Ramirez-Avila

Ramirez-Avila, Board of Immigration Appeals (2007). Amicus brief discussing the Violence Against Women Act’s lesser extreme hardship standard and the approach to be taken in VAWA cancellation of removal cases with regard to good moral character. (Arnold and Porter, Pro Bono).

Removal defense VAWA / U / T BIA Direct PDF
NIWAP Library Amicus brief Sep 13, 2023

Sanchez v. Gonzalez

Sanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistan

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
NIWAP Library Resource directory Sep 13, 2023

Violence Against Women Act-VAWA Self-Petitions, Suspension of Deportation and Cancellation of Removal

Esteban Cabezas (2010) Appeal to the United States Citizenship and Immigration Services Administrative Appeals Office. Amicus submitted by Legal Momentum, National Network to End Violence Against Immigrant Women, and represented by Andrew Taylor, of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigra

Removal defense Naturalization BIA appeals BIA Direct PDF
Immigrant Legal Resource Center Practice advisory Sep 5, 2023

Practice Update: Special Parole Programs

This practice advisory provides updates on recent changes to several special parole programs including Uniting for Ukraine, re-parole for Afghan parolees, parole for Cubans, Haitians, Nicaraguans and Venezuelans, family reunification parole, and parole under the Central American Minors program. Included in the advisory are practice tips, examples, and policy updates relevant to eligibility for these programs.

Detention / bond Family-based practice Children and SIJS Cross-forum Direct PDF