Practice Advisories & Brief Bank
Public immigration practice advisories, sample briefs, template motions, amicus briefs, and government guidance, organized in one searchable index and linked to the original host.
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| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
Wilkinson v. Garland (September 2023) US Supreme Court.NIWAP participated in an amicus brief on writ of certiorari to the US Court of Appeals of the Third Circuit to ensure that courts review BIA hardship determinations for immigrant victims of domestic violence seeking cancellation of removal under VAWA. SCOTUS ruled in favor of Wilkinson, holding that the application of the exceptional and extremely unusual hardship standard to an established set of facts is a mixed question of law and fact that is reviewable under 1252(a)(2)(D). This ruling gives Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 3rd Circuit Direct PDF available |
Removal defense
VAWA / U / T
BIA
Court of appeals
|
May 2, 2024 | |
Matter of MAIn the Matter of M-A. (2020) Brief filed with the Board of Immigration Appeals. NIWAP was lead amicus in an appeal to the Board of Immigration Appeal in a case of first impression challenging an Immigration Judge’s denial of VAWA cancellation of removal to an LGBTQ+ immigrant victim of spouse abuse who suffered multiple VAWA confidentiality violations including Immigration and Custom’s Enforcement informing the court they planned to call the perpetrator as a witness, submitting an affidavit by t Why it matters: Useful as an amicus or advocacy example on VAWA / U / T; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
VAWA / U / T
Immigration court
BIA
|
Nov 16, 2023 | |
In the Matter of RAIn the Matter of RA (February 13 2004) Board of Immigration Appeals. Domestic violence as a basis for Gender Based Asylum. Filed Briefs and coordinated amici for amicus briefs filed before the Board of Immigration Appeals (1999) and the U.S. Court of Appeals for the 9th Circuit (1999). Provided editing and amici sign on assistance to Amicus brief filed with Attorney General Ashcroft (2004). Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Asylum
BIA
Court of appeals
|
Nov 2, 2023 | |
United States V. Luciana Moreno-LopezAmicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security.The workers filed and received U-visas as victims of extortion despite this fact, the U.S. attorney brought charges against the workers for document fraud. This amicus brief, filed in the employees’ criminal case, described the history and purpose of Why it matters: Useful as an amicus or advocacy example on Consular; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Consular practice
VAWA / U / T
Cross-forum
|
Nov 2, 2023 | |
Vallabhaneni (September 27 2001)NOW Legal Defense Fund and others filed this amicus in support of the appeal by Aruna C. Vallabhaneni of the decision of the Immigration Judge denying her application for political asylum despite an undisputed record of years of severe domestic violence and her inability to obtain protection from the government of India. The record before the judge established that Ms. Vallabhaneni was persecuted in the past and that she has a well-founded fear that she will continue to be persecuted in the futu Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Asylum
Immigration court
BIA
|
Nov 2, 2023 | |
Arguijo v. USCIS (July 24 2020) US Court of Appeals 7th CircuitThe National Immigrant Justice Center (NIJC) represents Jennifer Arguijo, who was 11 years old when her mother married her stepfather, who turned out to be abusive. Applying BIA case law from other contexts, VSC held that a stepchild-stepfather relationship ends after the biological parent divorces the stepparent, unless there is a “continuing relationship” between the stepchild and stepfather. NIJC sought reconsideration, and appealed to the AAO. The AAO affirmed the VSC’s decision to deny the Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 7th Circuit Direct PDF available |
Removal defense
BIA appeals
Federal court
VAWA / U / T
USCIS
Immigration court
BIA
Court of appeals
|
Nov 1, 2023 | |
https://niwaplibrary.wcl.american.edu/pubs/nvart-decisionNvart decision (January 20 2006) [pdf] Published November 1, 2023 Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
Special immigrant
VAWA / U / T
Cross-forum
|
Nov 1, 2023 | |
Rosario v. Holder (May 10 2010) US Court of Appeals 2nd CircuitRosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit. National Network to End Violence Against Immigrant Women respectfully moves pursuant to Federal Rule of Appellate Procedure for 29 for leave to file an amicus brief in support of Appellant Josefa Rosario. Client placed in removal proceedings, concedes removability and applies for VAWA Cancellation of Removal. IJ denies cancellation based on finding that there is not substantial evidence of battery to the extent envisioned by the st Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 2nd Circuit Direct PDF available |
Removal defense
BIA appeals
Federal court
VAWA / U / T
Immigration court
BIA
Court of appeals
|
Nov 1, 2023 | |
Rosen v. Ming Dai and Rosen v. AlcarazRosen v. Ming Dai and Rosen v. Alcaraz (January 11 2021) Supreme Court of the United States. NIWAP assisted Jenner & Block LLP in developing and securing social science support in a brief filed to the Supreme Court of the United States on the question of credible testimony. The brief explained the impact of trauma on memory and ability to testify, other mental health conditions’ impact on memory and credibility, and credibility compared to truth. Why it matters: Useful as an amicus or advocacy example on Evidence / Procedure; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Evidence and procedure
Cross-forum
|
Oct 26, 2023 | |
Aguilar-JimenezIn the Matter of Aguilar-Jimenez, Board of Immigration Appeals (2002) Filed an amicus brief discussing the “extreme cruelty” and “extreme hardship” standards in the context of requests for suspension of deportation under VAWA, specifically that extreme cruelty includes the psychological and emotional abuse imposed on a child who is forced to watch as a parent is battered by another parent. (Crowell and Moring Pro Bono) Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
VAWA / U / T
BIA
|
Oct 24, 2023 | |
Cazorla v. Koch Foods of Mississippi,Cazorla v. Koch Foods of Mississippi, (October 22 2015) United States Court of Appeals, 5th Circuit. NIWAP, represented by Procopio, Cory, Hargreaves & Savitch, LLP, Arnold and Porter, Latino Justice PRLDEF, was the lead Amicus in the first case to reach the U.S. Courts of Appeals on the (VAWA) immigration confidentiality protections. In this workplace sexual assault case brought by the EEOC the employer is attempting to obtain through civil court discovery receive copies of and/or information c Why it matters: Useful as an amicus or advocacy example on VAWA / U / T; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 5th Circuit Direct PDF available |
VAWA / U / T
BIA
Court of appeals
|
Oct 24, 2023 | |
In The Matter of: Suyi Varquero-CubiasIn The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals. NIWAP, represented by Tahirih Justice Center and Center for Gender and Refugee Studies, participated filed this brief in a case of a battered immigrant from El Salvador who separated from her abusive boyfriend and her abuser continued to stalk, sexually assault, and threaten her for the next two years until she fled in fear of her life for the United States. The Immigration Judge denied her asylum case based on t Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Asylum
BIA appeals
Immigration court
BIA
|
Oct 24, 2023 |