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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 45 resources.

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NIWAP Library Amicus brief Nov 1, 2023

Arguijo v. USCIS (July 24 2020) US Court of Appeals 7th Circuit

The 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

Removal defense BIA appeals Federal court USCIS Immigration court Direct PDF
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NIWAP Library Amicus brief Oct 24, 2023

Aguilar-Jimenez

In 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)

Removal defense VAWA / U / T BIA Direct PDF
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NIWAP Library Amicus brief Sep 13, 2023

Sanchez v. Gonzalez

Sanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistan

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
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National Immigration Project Practice advisory Aug 18, 2023

Practice Advisory: Motions to Reopen Migrant Protection Protocols Removal Orders

(Updated Dec. 27, 2023) This practice advisory, authored by the National Immigration Project and the Center for Gender and Refugee Studies, offers a comprehensive review of strategies for reopening cases that were denied under the Migrant Protection Protocols ("MPP"), including equitable tolling arguments, the substantive standards for reopening in absentia and non-in absentia removal orders, and tips for advocating for clients who were in MPP. The advisory also discusses the complexities around

Asylum Removal defense Motions to reopen / reconsider Cross-forum Direct PDF
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American Immigration Council Practice advisory Dec 16, 2022

Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay Cases

Practitioners 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

Removal defense Consular practice Evidence and procedure Consular processing Direct PDF
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National Immigration Project Template motion Sep 1, 2022

Practitioner’s Notes for Template Prosecutorial Discretion Request: Joint Motion to Reopen an in Absentia Removal Order and Dismiss or, in the alternative, a Joint Motion to Reopen

This template is intended for practitioners who represent a client who has been ordered removed in absentia and is requesting prosecutorial discretion following the vacatur of DHS’s immigration enforcement priorities set out in the Mayorkas and Doyle Memoranda.

Removal defense Motions to reopen / reconsider Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 27, 2022

Practice Advisory: Post-Conviction Relief Motions to Reopen

This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief. In addition, the advisory addresses the impact of the post-departure bar and reinstatement of prior removal order on post-conviction relief motions to reopen.

Removal defense Motions to reopen / reconsider Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 24, 2022

Practice Advisory: Post-Conviction Relief Motions to Reopen

This practice advisory discusses motion to reopen strategies for noncitizens who have successfully obtained qualifying post-conviction relief. Section II distinguishes among motions to reopen, motions to remand, motions to reconsider, and motions to terminate. Section III provides an overview of motions to reopen. Section IV outlines the evidentiary requirements of motions to reopen. Section V summarizes exceptions to motions to reopen time and number limitations, including joint motions to reop

Removal defense Motions to reopen / reconsider Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 25, 2022

2022 Case Update: Domestic Violence Deportation Ground

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for non-permanent residents or DACA.

Removal defense Crimes and categorical approach Children and SIJS Cross-forum Direct PDF
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American Immigration Council Practice advisory Feb 8, 2022

Matter of Laparra

In Matter of Laparra , 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality Act (INA) section 239(a)(1). This practice alert provides brief background on the case law relevant to Laparra , describes the Laparra decision and its implicat

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
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National Immigration Project Practice advisory Feb 8, 2022

Practice Alert: Matter of Laparra

In Matter of Laparra , 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality Act (INA) section 239(a)(1). This practice alert provides brief background on the case law relevant to Laparra , describes the Laparra decision and its implicat

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
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National Immigration Project Practice advisory May 5, 2021

Advocating for Immigrant Survivors of Medical Abuse at the Irwin County Detention Center

This practice advisory is intended to assist individuals seeking damages, stays of deportation, and long-term immigration relief based on medical abuse suffered at ICDC. This practice advisory explains how to determine eligibility and file administrative claims under the Federal Torts Claims Act (“FTCA”) for monetary damages, stays of removal with Immigration and Customs Enforcement (“ICE”), administrative complaints with the DHS Office for Civil Rights and Civil Liberties (“CRCL”), and U Visa c

Removal defense Detention / bond Consular practice Cross-forum Direct PDF
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