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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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National Immigration Project Template motion Dec 21, 2021

Equal Protection Challenges to Prosecutions Under 1325 & 1326: The Groundbreaking Decision in United States v. Carillo-Lopez

Over the past two years, federal defenders have begun challenging the laws that criminalize crossing the border — 8 U.S.C. § 1325 and 8 USC § 1326 — on the grounds that the law is racist, and therefore unconstitutional. Recently, in a case called United States v. Carrillo Lopez (“ Carrillo-Lopez ”), Judge Miranda Du in the District of Nevada agreed with this argument and granted a motion to dismiss a criminal case against a person charged with the crime of crossing the border after being previou

Crimes and categorical approach Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 5, 2021

How to Use the Categorical Approach Now (2021)

With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants charged with or convicted of crimes. This Update of our long-running article includes discussion of Pereida v. Wilkinson, 141 S.Ct. 754 (2021).

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Defense Project Practice advisory Jun 22, 2021

Practice Advisory: Overview of Borden v. United States for Immigration Counsel (June 22, 2021) (by IDP, NIP-NLG, and NILA)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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Immigrant Defense Project Practice advisory Jun 3, 2021

Practice Advisory: “Realistic Probability” in Immigration Categorical Approach Cases (June 3, 2021) (by IDP and NIP-NLG)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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National Immigration Project Practice advisory May 31, 2021

Practice Alert Update: Proposed Criminal Bars to Asylum - Current Status of Regulations Governing Eligibility for Asylum and (c)(8) EAD

On July 9, 2020, NIPNLG published a Practice Alert examining the intersection of the criminal bars proposed in those regulations. In the latter half of 2020, final versions of all three proposed rules were issued, and were subsequently challenged in litigation before their effective dates. This Practice Alert provides an update on the current status of the rules as they apply to asylum seekers with criminal contacts in light of the litigation developments. As these proceedings are ongoing, this

Asylum Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 14, 2021

Pereida v. Wilkinson and California Offenses

In Pereida v. Wilkinson, 141 S.Ct. 754 (March 4, 2021), the Supreme Court issued another opinion on the categorical approach, which is the analysis authorities use to decide whether a criminal conviction triggers removal grounds. Pereida focuses on the “modified” categorical approach, which is how courts approach a conviction under a statute that sets out multiple, separate, offenses (a “divisible” statute). Pereida overruled Marinelarena v. Barr , 930 F.3d 1039 (9th Cir. 2019) (en banc).

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Mar 10, 2021

Overview of Pereida v. Wilkinson for Immigration and Criminal Defense Counsel

On March 4, 2021, the Supreme Court issued Pereida v. Wilkinson , No. 19-438 (2021), a 5-3 opinion damaging to noncitizens with past criminal convictions who intend or need to seek relief in removal proceedings. The decision creates a national rule concerning the impact of inconclusive criminal court plea and conviction documents for noncitizens applying for relief from removal in immigration proceedings, specifically in cases where the modified categorical approach applies. This practice alert

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 2, 2020

Eligibility for Relief: Cancellation of Removal for Permanent Residents, INA § 240A(a)

Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr , --U.S.--, 140 S.Ct. 1442 (2020). This Advisory is an updated step-by-step guide to eligibility, potential arguments, a

Removal defense Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 20, 2020

California Sentences and Immigration

In some cases, the amount of an imposed, potential, or served criminal sentence can determine the outcome of the immigration case. The law governing how state sentencing dispositions affect immigration penalties is fast-changing. The good news is that an informed defender often can structure a sentence that gives the prosecution what they require, while avoiding immigration penalties. An informed immigration advocate wants to be able to explain this to an immigration judge or adjudicator to win

Crimes and categorical approach Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 3, 2020

Eligibility for Relief: Waivers Under INA § 212(h)

Section 212(h) of the INA provides a waiver for crimes inadmissibility grounds, which can be surprisingly useful for undocumented people, VAWA applicants, or permanent residents. It can be applied for multiple times; it has the potential to waive an aggravated felony conviction (unless it is related to drugs); it can be used both affirmatively and as a defense to removal; and it does not always require proof of "extreme hardship." Unfortunately, it can't be used to waive drug convictions or cond

Removal defense Crimes and categorical approach Waivers Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 15, 2019

Humanitarian Forms of Relief Part II: Asylum & SIJS

This practice advisory is the second resource in a two-part series on Humanitarian Forms of Relief for noncitizen victims of violence, serious crimes and persecution. They include: T nonimmigrant status, U nonimmigrant status, VAWA self-petition, asylum, and special immigrant juvenile status. The first advisory focused on giving an overview of VAWA, U, and T Visas. Including, eligibility requirements and some factors to consider before applying. This practice advisory will focus on giving an ove

Asylum Crimes and categorical approach Consular practice Immigration court Direct PDF
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