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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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Immigrant Legal Resource Center Practice advisory Dec 19, 2025

Understanding Mandatory Detention

Recent policies announced by Immigration and Customs Enforcement, new legislation signed into law, and unusual legal interpretations by the Board of Immigration Appeals have all led to a significant uptick in ICE detentions since January 2025. As advocates, our goal in every case where a client is detained is to secure their release, if at all possible. However, in many cases recently, ICE is claiming that the noncitizen cannot legally be released or even get a bond hearing, under a theory that

Detention / bond BIA appeals BIA Direct PDF
National Immigration Project Practice advisory Oct 3, 2025

Practice Alert: Guidance on CHIRLA v. Noem Order (Expedited Removal)

On September 12, 2025, the D.C. Circuit denied the government’s motion for a stay pending appeal, dissolved its temporary, partial administrative stay, and fully restored the district court’s August 1 order in CHIRLA v. Noem , a lawsuit challenging Trump 2.0 government directives applying expedited removal to paroled individuals. The August 1 order, which is now fully in effect, stays policies that allowed DHS to put individuals who were previously paroled into the United States at a port of ent

Removal defense Detention / bond BIA appeals BIA Federal district court Direct PDF
National Immigration Project Practice advisory Aug 27, 2025

O.C.V. v. Bondi: Tenth Circuit Vacates Matter of M-R-M-S-

On August 26, 2025, the Tenth Circuit issued a published decision, O.C.V. v. Bondi , vacating the Board of Immigration Appeals presidential decision Matter of M-R-M-S- , which had wrongfully held that if a persecutor had any motivation other than animus toward the family group, an asylum seeker could not prevail on a family-based asylum claim. The Tenth Circuit rejected this narrowed definition of nexus. The case was litigated in federal court by the Center for Gender and Refugee Studies and the

Asylum Detention / bond Family-based practice BIA Court of appeals Direct PDF
National Immigration Project Practice advisory Jul 25, 2025

Fighting for a Day in Court: Understanding and Responding to Pretermission of Asylum Applications

Immigration Judges have increasingly begun to pretermit asylum applications--often ordering asylum seekers removed without ever having a chance to have a hearing on their claims. This Practice Advisory (PA) discusses a recent Policy Memo by the Executive Office for Immigration Review Acting Director and a recent Board of Immigration Appeals decision, which have prompted judges to pretermit cases. The PA also contains practical tips on how to fight this practice.

Asylum Removal defense BIA appeals Immigration court BIA Direct PDF
Immigrant Legal Resource Center Practice advisory Apr 17, 2025

Who Has Initial Jurisdiction Over UC Asylum Claims? Matter of M-A-C-O- and JOP v. DHS

The Trafficking Victims Protection Reauthorization Act of 2008 confers initial jurisdiction over asylum claims filed by unaccompanied children (UCs) to the asylum office. The Board of Immigration Appeals’ decision in Matter of M-A-C-O- , along with policy changes implemented during the first Trump administration, sought to strip away this crucial protection from many child asylum seekers. Because of these changes and legal challenges by immigrant youth advocates, the current landscape of initial

Asylum BIA appeals Children and SIJS BIA Direct PDF
Immigrant Legal Resource Center Practice advisory Apr 3, 2025

Quick Guide: Defending SIJS Clients in Removal Proceedings

This practice advisory, authored with our partners at the End SIJS Backlog Coalition, Children's Immigration Law Academy, National Immigration Project, and Safe Passage Project, offers strategies at every stage of an SIJS client’s removal proceedings to advocate against the client’s removal and to preserve the record for appeal, including:

Removal defense BIA appeals Special immigrant Immigration court BIA Direct PDF
National Immigration Project Practice advisory Apr 2, 2025

Quick Guide: Defending SIJS Clients in Removal Proceedings

This practice advisory, created by The End SIJS Backlog Coalition, is intended to help practitioners navigate removal proceedings for clients with pending or approved SIJS. It offers strategies at every stage of an SIJS client’s removal proceedings to advocate against the client’s removal and to preserve the record for appeal. Section II covers strategies for pleading to the Notice to Appear. Section III discusses challenging the Department of Homeland Security’s evidence of removability. Sectio

Removal defense BIA appeals Special immigrant Immigration court BIA Direct PDF
Immigrant Legal Resource Center Practice advisory Feb 5, 2025

Seeking Administrative Closure and Termination: Using New EOIR Regulations in a Hostile Enforcement Environment

New EOIR regulations published in 2024 now allow immigration judges and the BIA to administratively close or terminate removal proceedings in a variety of scenarios. These regulations permit—and sometimes require—administrative closure or termination even where the Department of Homeland Security does not agree. In the current hostile enforcement environment, and in light of the rescission of formal guidance regarding prosecutorial discretion, these regulations are an important tool for advocate

Removal defense BIA appeals Immigration court BIA Direct PDF
American Immigration Council Practice advisory Jan 17, 2025

Seeking Stays of Removal

A stay of removal prevents the Department of Homeland Security (DHS) from deporting a noncitizen from the United States while they continue to challenge their removal order or pursue an immigration benefit or humanitarian protection. This practice advisory discusses the law, procedure, and practical tips for seeking a stay of removal from DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals.

Removal defense BIA appeals Evidence and procedure Immigration court BIA Direct PDF
National Immigration Project Practice advisory Dec 16, 2024

Crim-Imm Case Law Updates 2024

This resource is designed to help immigration practitioners stay current on significant case law developments over the past year in the intersection of immigration and criminal law. It begins with an overview of notable case law developments before the BIA and the United States Courts of Appeals. This is followed by case summaries of all published Board of Immigration Appeals decisions addressing this area of law in 2024, along with a curated list of case summaries from the United States Courts

Crimes and categorical approach BIA appeals BIA Direct PDF
National Immigration Project Practice advisory Jun 13, 2024

Practice Advisory: Representing Immigrant Clients Affected by the Racial Bias of the Criminal Legal System: Mitigating the Effect of Past Racial Bias When Seeking Discretionary Relief and Bond

This practice advisory, along with the accompanying report, Bias in the Criminal Legal System: A Report Aggregating Social Science Research and Reporting on Racial Bias in the Criminal Legal System, and template brief , provides a framework for you to make legal arguments and introduce evidence during your client’s immigration court proceedings if they are seeking discretionary relief or requesting bond. You can use this advisory and the accompanying report to argue that the immigration judge sh

Detention / bond Crimes and categorical approach BIA appeals Immigration court BIA Direct PDF
National Immigration Project Practice advisory Jun 11, 2024

Practice Alert: EOIR Final Rule on Administrative Closure and Termination

On July 29, 2024, an important new Executive Office for Immigration Review final rule, Efficient Case and Docket Management in Immigration Proceedings, goes into effect. Among other things, the rule codifies the authority of immigration judges and the Board of Immigration Appeals to administratively close and terminate removal proceedings. This practice alert describes this rule’s origins and summarizes its key provisions.

Removal defense BIA appeals Immigration court BIA Direct PDF