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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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Immigration Equality Practice advisory Jun 1, 2025

Pretermission Web Advisory for Pro Bono Attorneys

Overview of recent EOIR policy changes allowing dismissal or pretermission of some defensive asylum applications without a hearing, with guidance for practitioners representing people in removal proceedings.

Asylum Removal defense Evidence and procedure 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 19, 2025

Overview of Comment Procedures on Federal Forms

This practice advisory outlines the process for researching and commenting on federal forms. A previous advisory covers the process specific to commenting on regulations, which has many parallels to the forms comment process. Federal forms and their comment process are often overlooked by advocates, even those who regularly follow changes in regulations and comment on them. However, form changes can be significant and sometimes can be used to change policy by agencies. The statute regulating for

Evidence and procedure Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Feb 10, 2025

N-400 Documentation Guide

In 2024, USCIS issued a new Form N-400, Application for Naturalization, with more lengthy and complicated instructions on evidence that could be included. This guide will help practitioners understand what documents naturalization applicants must submit to the USCIS to accept and adjudicate the N-400 form and when to submit each document.

Removal defense Naturalization Evidence and procedure USCIS 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
Immigrant Legal Resource Center Practice advisory Nov 6, 2024

EOIR Regulation Limits Retroactivity of Matter of Thomas & Thompson Regarding Sentence Modifications

On October 25, 2019, the Attorney General published Matter of Thomas & Thompson holding that adjudicators could only recognize a sentence modification for immigration purposes where the sentence was vacated due to procedural or substantive defect as defined in Matter of Pickering. It was not clear whether this holding was retroactive. Under new DOJ regulations it is now clear that Matter of Thomas & Thompson is not retroactive. Adjudicators will recognize a sentence modification as vacating the

Evidence and procedure Cross-forum Direct PDF
National Immigration Project Practice advisory Sep 17, 2024

Supreme Court Roundup: What Immigrants’ Rights Legal Representatives Should Know from the October 2023 Supreme Court Term

This roundup summarizes cases from the Supreme Court’s October 2023 term (through June 2024) that are potentially relevant to lawyers representing noncitizens, be it in immigration matters, criminal defense, or civil litigation under the Administrative Procedure Act or the U.S. Constitution.

Removal defense Crimes and categorical approach Evidence and procedure Cross-forum Direct PDF
National Immigration Project Practice manual Sep 4, 2024

Practice Manual: Labor-Based Deferred Action

On January 13, 2023, the Department of Homeland Security announced “a streamlined and expedited deferred action request process” for non-citizen workers who experience or witness labor rights violations. This Practice Manual, updated in September 2024, is intended for immigration practitioners representing workers applying for Labor-Based Deferred Action.

Evidence and procedure Cross-forum Direct PDF