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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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American Immigration Council Practice advisory Mar 13, 2026

Electronic Filing and Access to Electronic Federal Court Documents

This Practice Advisory explains the federal rules authorizing electronic filing in federal court; describes how to file documents in federal court using the Electronic Case Files (CM/ECF) System; and outlines how to access electronic documents through Public Access to Court Electronic Records (PACER). The Advisory discusses restrictions on electronic access to court documents in immigration cases.

Federal court Cross-forum Direct PDF
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National Immigration Project Practice advisory Mar 13, 2026

Stays of Removal

A stay of removal prevents the Department of Homeland Security from executing a final order of removal against a person. DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals all have the authority to grant stays of removal. If a stay of removal is in effect, DHS may not remove the person from the United States. This practice advisory explains how to seek a court-ordered stay of removal with an IJ, the BIA, and the U.S. courts of appeals, and how to seek an ad

Removal defense BIA appeals Immigration court BIA Direct PDF
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National Immigration Project Template motion Mar 13, 2026

Template BIA Notice of Appeal for CARR and HAAV Pretermissions

Immigration judges continue to pretermit asylum applications and deny asylum seekers a day in court, based on alleged deficiencies in the I-589 and/or based on the alleged failure to state a prima facie case for relief. This template is designed to give practitioners a strong starting point for drafting their own Notices of Appeal to the Board of Immigration Appeals.

Asylum BIA appeals Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Mar 3, 2026

Practice Advisory: Federal Tort Claims Act: Frequently Asked Questions for Attorneys Representing Immigrant Clients

The Federal Tort Claims Act (FTCA) waives the United States’ sovereign immunity and authorizes suits for money damages based on the negligent acts or omissions of federal employees, and, in some instances, intentional misconduct of such employees. This resource answers frequently asked questions about the FTCA for immigration attorneys.

Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory Feb 27, 2026

Crim-Imm Case Law Updates 2025

The Board of Immigration Appeals (BIA or Board), the U.S. Courts of Appeals, and the Supreme Court have issued many decisions in the past year that implicate the rights of noncitizens. This resource is designed to help immigration practitioners familiar with the categorical approach stay current on significant case law developments over the past year at the intersection of immigration and criminal law. This resource begins with an overview of notable case law developments before the BIA, the U.S

Crimes and categorical approach BIA appeals BIA Direct PDF
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National Immigration Project Practice advisory Feb 26, 2026

The March 2026 Visa Bulletin: What It Means for SIJS Youth

The March 2026 Visa Bulletin reflects significant forward movement in the EB-4 category, with a Final Action Date of July 15, 2021, and a Filing Date of January 1, 2023. This movement means that on March 1, 2026, many youth with Special Immigrant Juvenile Status (SIJS) will be able to apply for adjustment of status and accompanying work authorization. This resource is meant to provide guidance to advocates who work with SIJS youth who are eligible to file for adjustment of status based on the Ma

Adjustment of status Consular practice Special immigrant Immigration court Direct PDF
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National Immigration Project Practice advisory Feb 23, 2026

Habeas in the Fifth Circuit After Buenrostro

Analysis of Buenrostro-Mendez and its effect on detention under 8 U.S.C. 1225(b)(2)(A), with practical implications for habeas strategy in the Fifth Circuit.

Detention / bond Federal court Removal defense Federal district court Court of appeals Direct PDF
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National Immigration Project Practice advisory Feb 23, 2026

Habeas in the Fifth Circuit After Buenrostro

On February 6, 2026, the Fifth Circuit issued Buenrostro-Mendez v. Bondi , No. 25-cv-20496, 2026 WL 323330 (5th Cir. Feb. 6, 2026), a split decision with a strong dissent in which the Fifth Circuit sided with DHS and the BIA to determine that all noncitizens who are present in the United States without lawful admission are subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) during removal proceedings, rather than discretionary detention under § 1226(a). Despite Buenrostro , habeas opti

Removal defense Detention / bond BIA appeals BIA Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 10, 2026

California Penal Code § 245(a) is not a Crime of Violence

On January 13, 2026, the Ninth Circuit issued an en banc decision holding that a violation of California Penal Code § 245(a)(1) (assault with a deadly weapon) is not a crime of violence. United States v. Gomez, No. 23-435 (9th Cir., Jan. 13, 2026) (en banc). After this decision, no conviction for PC § 245(a)(1) can be an aggravated felony. For criminal defenders, the best practice is to avoid a PC § 245(a)(1) conviction until the timeline for certiorari on Gomez has expired—the ninety-day period

Crimes and categorical approach Adjustment of status Court of appeals Direct PDF
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NIWAP Library Amicus brief Feb 6, 2026

S.E.R.L v. U.S.

This Amicus Brief was filed by Crowell and Moring on behalf of the NIWAP, Inc and the Pennsylvania Coalition Against Domestic Violence in the 3rd Circuit Federal Court of Appeals. The brief was filed in support for a mother of a domestic violence victim from Honduras who interceded to protect her daughter who was experiencing domestic violence and was stalked and threatened by her daughter’s abuser. The Honduran mother had helped her daughter escape from a domestic violence perpetrator who had t

Asylum BIA Court of appeals Direct PDF
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