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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 court deadline 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
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Showing 13-24 of 130 resources.

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National Immigration Project Practice advisory Jan 10, 2025

Challenging U.S. Passport and N-600 Denials under 8 U.S.C. § 1503

8 U.S.C. § 1503 provides pathways for individuals who were denied a right or privilege of nationality to challenge such denials in federal district court and obtain a declaratory judgment that they are indeed a citizen or national of the United States—by birth, naturalization, or derivative citizenship. These claims generally arise in the context of a passport denial or revocation, or a revocation or denial of a request for a certificate of citizenship (N-600). This practice advisory discusses t

Naturalization Federal court Federal district court Direct PDF
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National Immigration Project Practice advisory Dec 18, 2024

Practice Alert: J.O.P. v. DHS Settlement

On November 25, 2024, the U.S. District Court for the District of Maryland granted final approval of a settlement agreement reached by the parties in J.O.P. v. DHS , No. 8:19-CV01944-SAG (D. Md.). The settlement agreement is the culmination of a class action lawsuit pending over five years. This practice alert highlights key points about the agreement that immigration practitioners representing asylum seekers need to know. You can read the full agreement and learn more about the J.O.P. case by v

Asylum Federal court Federal district court Direct PDF
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National Immigration Project Practice advisory Jul 30, 2024

Seeking Release of Clients Detained in Virginia Who Have Won Fear-Based Relief Under Rodriguez Guerra v. Perry (E.D. Va.) Settlement

The National Immigration Project, Amica Center (formerly CAIR Coalition), and the ACLU of Virginia sued the Washington Field Office of Immigration and Customs Enforcement (ICE) on behalf of nine individuals whom ICE arbitrarily detained for months after they won immigration relief protecting them from deportation to their countries of origin where they face persecution, torture, or death. The case, Rodriguez Guerrera v. Perry , No. 1:23-cv-1151 (E.D. Va.), was brought in the U.S. District Court

Withholding / CAT Removal defense Federal court Federal district court Direct PDF
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NIWAP Library Amicus brief Jun 15, 2024

he Federal District Court granted Ms. Soto Alvarado’s Motion

In a case brought in Federal District Court in Rhode Island an abused spouse whose VAWA self-petition had been approved challenged USCIS’s revocation of her approved petition. The self-petitioner was divorced from her abuser and remarried after filing the self-petition but before the self-petition had been approved. The court’s ruling allows the self-petitioner to fully litigate her challenge the USCIS’s revocation of her self-petition due to remarriage in Federal District Court. The court’s rul

Removal defense Federal court VAWA / U / T USCIS Federal district court Direct PDF
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NIWAP Library Resource directory Apr 25, 2024

Federal Preemption in Immigration Law

Friendly House Et Al., V. Michael B. Whiting Et Al ., (June 11, 2010) United States District Court Arizona. Legal Momentum, recruited by the ACLU, MALDEF, The National Immigration Law Center, and the Asian Pacific American Legal Center (represented by Manatt, Phelps, and Phillips) to organize a brief articulating immigrant 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

Removal defense Federal court Federal district court
Open source Record
NIWAP Library Resource directory Apr 25, 2024

Special Immigrant Juvenile Status

Guardianship of S.H.R. v. Jesus Rivas (March 21, 2022; August 15, 2022) Supreme Court of California. NIWAP, represented by Manatt, Phelps and Phillips, filed an amicus brief in the Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS predicate findings. The amicus brief detailed the legislative and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of Appeals directly contradicts this

BIA appeals Federal court Special immigrant Immigration court BIA Direct PDF
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NIWAP Library Resource directory Apr 25, 2024

Trauma, Testimony, and Adult Victims

Gabriel Perez Cruz v. Barr , (July 2 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 com

Removal defense Family-based practice BIA appeals BIA Court of appeals
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NIWAP Library Resource directory Apr 25, 2024

U Visa

United States V. Luciana Moreno-Lopez ; (June 7 2010) United States District Court, Eastern District of Chattanooga. The National Network to End Violence Against Immigrant Women, among others, and represented by Dean Hill Rivkin, filed an amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security. The workers

Detention / bond Federal court Consular practice Federal district court
Open source Record
NIWAP Library Resource directory Apr 25, 2024

VAWA Confidentiality

Hawke v. Department of Homeland Security , (May 23 2008) United States District Court for the District of Northern California. Legal Momentum, represented by Morgan and Lewis submitted this amicus brief discussing the history and purpose of VAWA Confidentiality created in 1996 (expanded in 2000 and 2005) as Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). In this case of first impression, the Court clarified that VAWA confidentiality provisions p

Federal court VAWA / U / T Federal district court
Open source Record
National Immigration Litigation Alliance Template motion Mar 19, 2024

Template Motion to Rescind and Reissue (BIA

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Federal court Motions to reopen / reconsider Federal district court Court of appeals Direct DOC
Direct DOC Source page Record
National Immigration Project Practice advisory Dec 21, 2023

Practice Advisory: Navigating Family-Based Claims Following Matter of M-R-M-S

On December 1, 2023, the Board of Immigration Appeals issued a precedential decision, Matter of M‑R‑M‑S‑, 28 I&N Dec. 757 (BIA 2023), which purports to narrow the circumstances in which asylum seekers can prove that their membership in a family-based particular social group can meet the “one central reason” nexus standard. This practice advisory discusses the BIA opinion, explains how it intersects with existing court of appeals case law, and provides practical tips for practitioners on how to f

Asylum Family-based practice BIA appeals BIA Court of appeals Direct PDF
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