Practice resources
Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.
Explains March 2026 visa-bulletin movement affecting SIJS youth in the EB-4 category and the resulting timing and adjustment consequences for pending cases.
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
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.
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
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
Reviews USCIS policy-manual updates issued on December 22, 2025 affecting VAWA adjudication and flags the practical consequences for current filings.
Breaks down USCIS policy-manual updates on 8 U.S.C. 1367 confidentiality protections and highlights what practitioners should watch in sensitive filings.
Human Rights First practice advisory describing possible bases for pretermission in immigration court and explaining how to prepare for, and respond to, motions to pretermit a client’s asylum claim. Last updated on January 23, 2026.
IMPORTANT: On February 6, 2026, the Fifth Circuit ruled in Buenrostro-Mendez v. Bondi , No. 25-20496, that noncitizens in removal proceedings who have not been admitted are subject to "mandatory" detention under 8 U.S.C. 1225(b)(2)(A). This resource has not been updated since the Buenrostro decision. If you are filing a habeas petition in a district within the Fifth Circuit, you will need to adapt your legal claims in light of the Buenrostro-Mendez v. Bondi decision, e.g. by focusing on constitu
Quick guide on detention-release arguments for SIJS youth, including practical reminders on posture, custody, and the limits of older detention assumptions.
On December 22, 2025, DHS published a final rule impacting processing of FOIA requests by all DHS components. The rule is effective January 22, 2026. Despite the major changes made by the rule, no period of public comment was provided. The rule eliminates paper filing of FOIA requests with DHS as of January 22, 2026. FOIAs to DHS must be filed online after that date. The rule also states that DHS can, in its discretion, administratively close or make “requests for clarification” where it deems t
Explains the statutory age-in rule for VAWA derivatives and offers practical guidance on preserving derivative eligibility as children age out.