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 |
|---|---|---|---|---|
Maria Esterlina Perez Vigil v. U.S.Maria Esterlina Perez Vigil v. U.S. (February 29 2016) 5 th Circuit Court of Appeals. NIWAP, and various Immigration Law Professors from Texas, filed an amicus curiae brief on behalf of Maria Esterlina Perez Vigil a victim of domestic violence, who had denied her request for asylum because she was able to move out the residence that she shared with the abuser. The brief discussed the dynamics of abusive relationships and explained that physical separation from an abuser rarely means that an abus 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
Court of appeals
|
Oct 11, 2023 | |
S.K.E.R. v. William P. BarrS.K.E.R. v. William P. Barr. NIWAP filed an amicus curiae brief on behalf of a Honduran woman who was a victim of domestic violence. The brief discusses the complexity of domestic violence and how the victim was unable to physically remove herself from her abuser due to fear of his retaliation. This amicus was filed in the 5th Circuit Federal Court of Appeals. Winston and Strawn LLP (April 8, 2019). Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 5th Circuit Direct PDF available |
Asylum
BIA
Court of appeals
|
Oct 2, 2023 | |
Traore v. MukaseyAmicus brief compiled by International Women’s Human Rights Law Clinic and Legal Momentum among others which seeks to reverse BIA’s denial of gender-based asylum for appellant Alima Traore. The case argues that Traore has established eligibility for asylum, withholding of removal, and protection under the Convention Against Torture because she has endured past persecution in the form of female genital mutilation (“FGM”), has a well-founded fear of future persecution, and likely faces torture and 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
|
Sep 27, 2023 | |
Rosa Marisol Avelar OlivaAmicus Brief in Matter of Rosa Marisol Avelar Oliva, NIWAP filed an amicus curiae brief on behalf of an El Salvadorian woman who suffered child abuse and was held in isolation for years. The Immigration Judge found that she was not credible. The brief discussed the psychological and developmental effects of trauma and how childhood rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain 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
|
Sep 25, 2023 | |
N.Y.C.C. v. WhitakerAmicus Brief in N.Y.C.C. v. Whitaker, NIWAP filed an Amicus Brief in N.Y.C.C. v. Whitaker in the Seventh Circuit Federal Court of Appeals. This brief explained that coercive control is one of the defining characteristics of domestic violence relationship as a result leaving a shared residence with an abuser does not bring an end to the abuse. Additionally, the brief discusses the particular dangers when the perpetrator engages in stalking his victim. Winston & Strawn LLP (November 26, 2018) Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 7th Circuit Direct PDF available |
Asylum
BIA
Court of appeals
|
Sep 21, 2023 | |
W.M.V.C.; A.P.V. v. U.SAmicus 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 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
Cross-forum
|
Sep 21, 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 Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 8th Circuit Direct PDF available |
Asylum
BIA
Court of appeals
|
Sep 20, 2023 | |
Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S. US Court of Appeals Fourth CircuitNelsa 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 Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 4th Circuit Direct PDF available |
Asylum
BIA appeals
Federal court
BIA
Court of appeals
|
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 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
Federal district court
Court of appeals
|
Sep 20, 2023 | |
Reina Victoria Rodriguez-Ramirez v. William P. BarrReina 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) Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 5th Circuit Direct PDF available |
Asylum
Court of appeals
|
Sep 20, 2023 | |
Office of Refugee Resettlement Link to List of Key Documents for Unaccompanied ChildrenCall and message your members of Congress telling them to oppose any effort to give ICE and Border Patrol more funding. Why it matters: Useful as a drafting starting point for Asylum work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use. |
National Immigrant Justice Center National |
Asylum
Children and SIJS
Immigration court
BIA
|
Feb 27, 2023 | |
Delay Actions In The Asylum Context: Avoiding Dismissal And Proving The CaseBy the American Immigration Council and the American Immigration Lawyers Association [1] Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Asylum; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Asylum
Cross-forum
|
Nov 28, 2022 |