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 |
|---|---|---|---|---|
he Federal District Court granted Ms. Soto Alvarado’s MotionIn 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 Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
Federal court
VAWA / U / T
USCIS
Federal district court
|
Jun 15, 2024 | |
Wilkinson v. Garland (September 2023) US Supreme Court.NIWAP participated in an amicus brief on writ of certiorari to the US Court of Appeals of the Third Circuit to ensure that courts review BIA hardship determinations for immigrant victims of domestic violence seeking cancellation of removal under VAWA. SCOTUS ruled in favor of Wilkinson, holding that the application of the exceptional and extremely unusual hardship standard to an established set of facts is a mixed question of law and fact that is reviewable under 1252(a)(2)(D). This ruling gives Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 3rd Circuit Direct PDF available |
Removal defense
VAWA / U / T
BIA
Court of appeals
|
May 2, 2024 | |
Federal Preemption in Immigration LawFriendly 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 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 |
Removal defense
Federal court
Federal district court
|
Apr 25, 2024 | |
Trauma, Testimony, and Adult VictimsGabriel 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 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 9th Circuit |
Removal defense
Family-based practice
BIA appeals
Federal court
BIA
Court of appeals
|
Apr 25, 2024 | |
Sample Petition for Special Immigrant Juvenile Status (SIJS) Allocation of Parental Responsibilities (Cook County, Illinois)Call 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 Removal Defense work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use. |
National Immigrant Justice Center National Direct PDF available |
Removal defense
Special immigrant
Children and SIJS
Immigration court
|
Feb 27, 2024 | |
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 | |
Common Tools of Statutory Construction for Criminal Removal GroundsThis practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the Board of Immigration Appeals (BIA) and the U.S. courts of appeals. To determine whether a criminal conviction renders a noncitizen removable under federal immigration law, federal courts and the BIA generally employ the categorical approach. Under this approach, adjudicators consider whether the elements of 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
Crimes and categorical approach
BIA appeals
Federal court
BIA
|
Nov 28, 2023 | |
Arguijo v. USCIS (July 24 2020) US Court of Appeals 7th CircuitThe National Immigrant Justice Center (NIJC) represents Jennifer Arguijo, who was 11 years old when her mother married her stepfather, who turned out to be abusive. Applying BIA case law from other contexts, VSC held that a stepchild-stepfather relationship ends after the biological parent divorces the stepparent, unless there is a “continuing relationship” between the stepchild and stepfather. NIJC sought reconsideration, and appealed to the AAO. The AAO affirmed the VSC’s decision to deny the Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 7th Circuit Direct PDF available |
Removal defense
BIA appeals
Federal court
VAWA / U / T
USCIS
Immigration court
BIA
Court of appeals
|
Nov 1, 2023 | |
https://niwaplibrary.wcl.american.edu/pubs/nvart-decisionNvart decision (January 20 2006) [pdf] Published November 1, 2023 Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
Special immigrant
VAWA / U / T
Cross-forum
|
Nov 1, 2023 | |
Rosario v. Holder (May 10 2010) US Court of Appeals 2nd CircuitRosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit. National Network to End Violence Against Immigrant Women respectfully moves pursuant to Federal Rule of Appellate Procedure for 29 for leave to file an amicus brief in support of Appellant Josefa Rosario. Client placed in removal proceedings, concedes removability and applies for VAWA Cancellation of Removal. IJ denies cancellation based on finding that there is not substantial evidence of battery to the extent envisioned by the st Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 2nd Circuit Direct PDF available |
Removal defense
BIA appeals
Federal court
VAWA / U / T
Immigration court
BIA
Court of appeals
|
Nov 1, 2023 | |
Aguilar-JimenezIn the Matter of Aguilar-Jimenez, Board of Immigration Appeals (2002) Filed an amicus brief discussing the “extreme cruelty” and “extreme hardship” standards in the context of requests for suspension of deportation under VAWA, specifically that extreme cruelty includes the psychological and emotional abuse imposed on a child who is forced to watch as a parent is battered by another parent. (Crowell and Moring Pro Bono) Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
VAWA / U / T
BIA
|
Oct 24, 2023 | |
Obiaga and Berrocal v. AshcroftObiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild). Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Removal defense
BIA appeals
VAWA / U / T
BIA
Court of appeals
|
Oct 24, 2023 |