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 |
|---|---|---|---|---|
Practice Alert: Padilla v. ICE and Delays in Credible Fear InterviewsThis 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. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
BIA appeals
Evidence and procedure
Immigration court
BIA
|
Jan 8, 2024 | |
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 | |
Nguyen v. INS, 2000Nguyen v. INS, 2000 U.S. App. LEXIS 6860 (5th Cir. June 16, 2000) Filed an brief in support of a Petition of Certiorari to the United States Supreme Court (2000) in an equal protection clause challenge to a federal immigration law that treats foreign born out-of-wedlock children of citizen mothers differently from similarly situated children of citizen fathers for purposes of obtaining citizenship. (Legal Momentum) 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 20, 2023 | |
United States v. State of Arizona and Janice K. Brewer GovernorUnited States v. State of Arizona and Janice K. Brewer Governor, United States Court of Appeals for the 9trh Circuit. (2010) Submitted an amicus brief in the 9th Circuit case in support of the United States position that Arizona law SB 1070 unconstitutionally interferes with federal immigration laws designed to help immigrant victims of domestic violence, sexual assault, human trafficking and other crimes. It undermines federal laws guaranteeing that all persons in the United States have access 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 9th Circuit Direct PDF available |
Evidence and procedure
BIA
Court of appeals
|
Oct 2, 2023 | |
Friendly House Et Al., V. Michael B. Whiting Et AlFriendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’ 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
Federal district court
|
Sep 21, 2023 | |
Gabriel Perez Cruz v. BarrGabriel Perez Cruz v. Barr (2020) U.S. Court of Appeals 9th Circuit. NIWAP assisted the Family Violence Appellate Project in California in developing, securing social science support for and national sign ons from 16 organizations nationally for this 9th Circuit Amicus Brief in which we were represented by Haney and Boone LLP. The brief discussed the mental health impact of domestic violence and coercive control in abusive relationships and perpetrators who coerce their victims into committing c 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 9th Circuit Direct PDF available |
Evidence and procedure
BIA
Court of appeals
|
Sep 21, 2023 | |
Violence Against Women Act-VAWA Self-Petitions, Suspension of Deportation and Cancellation of RemovalEsteban Cabezas (2010) Appeal to the United States Citizenship and Immigration Services Administrative Appeals Office. Amicus submitted by Legal Momentum, National Network to End Violence Against Immigrant Women, and represented by Andrew Taylor, of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigra Why it matters: Useful as a source-specific directory when you want a quick way to browse Removal Defense materials without searching the entire site. |
NIWAP Library National Direct PDF available |
Removal defense
Naturalization
BIA appeals
VAWA / U / T
Evidence and procedure
BIA
|
Sep 13, 2023 | |
Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay CasesPractitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions. It also discusses the advantages of an Administrative Procedure Act cause of action and offers considerations for demonstrating unreasonable delay. The practice tip al Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Consular practice
Evidence and procedure
Consular processing
|
Dec 16, 2022 | |
Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files)This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Evidence / Procedure; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Evidence and procedure
USCIS
|
Dec 15, 2022 | |
Immigration Lawsuits and the APA: The Basics of a District Court ActionThis Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Federal court
Evidence and procedure
Federal district court
|
Oct 5, 2021 | |
Sample: EOIR FOIA Request Cover LetterCall 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 Evidence / Procedure work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use. |
National Immigrant Justice Center National Direct PDF available |
Evidence and procedure
Immigration court
BIA
|
Feb 25, 2021 | |
Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the CaseThis Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the Administrative Procedure Act (APA). It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Federal court
Evidence and procedure
Federal district court
|
Feb 22, 2021 |