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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 151 resources.

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Immigrant Legal Resource Center Practice advisory Jan 18, 2024

California U Visa Law Update

Law enforcement agencies in California have been responding to requests for U visa certifications for many years to allow immigrant survivors of crime and their family members to apply for U nonimmigrant status. However, until 2016 there was no statewide standard or protocol for certifications. Several bills have passed in the meantime to further streamline the process. Most recently, AB 1261 was signed into law in October 2023 and went into effect on 01/01/2024. The Immigrant Legal Resource Cen

Crimes and categorical approach Family-based practice Consular practice Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 12, 2023

"Particularly Serious Crime" Bars to Asylum and Withholding

This advisory analyzes and explains the particularly serious crime bar to asylum and withholding of removal. It describes the factors to consider in determining whether a crime is a "particularly serious crime" and how to challenge a particularly serious crime determination.

Asylum Withholding / CAT Removal defense Cross-forum Direct PDF
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American Immigration Council Practice advisory Nov 28, 2023

Common Tools of Statutory Construction for Criminal Removal Grounds

This 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

Removal defense Crimes and categorical approach BIA appeals BIA Direct PDF
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NIWAP Library Amicus brief Nov 2, 2023

United States V. Luciana Moreno-Lopez

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 filed and received U-visas as victims of extortion despite this fact, the U.S. attorney brought charges against the workers for document fraud. This amicus brief, filed in the employees’ criminal case, described the history and purpose of

Consular practice VAWA / U / T Cross-forum Direct PDF
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NIWAP Library Amicus brief Oct 6, 2023

Romain v Napolitano

Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant

VAWA / U / T BIA Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 5, 2023

No Crime to Be Poor: Defending Welfare Fraud Allegations in Criminal, Administrative, and Immigration Proceedings

Allegations of “welfare fraud” and “perjury” impact low-income immigrants disproportionately and often have devastating immigration consequences if a conviction results. This practice advisory explains how such allegations and criminal charges impact noncitizens, and are actually more often than not based on benefit caseworker errors, misunderstandings, and miscommunications, including language and literacy barriers, confusing and conflicting benefits program rules, and stem from historically en

Crimes and categorical approach Cross-forum Direct PDF
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NIWAP Library Amicus brief Oct 2, 2023

Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo

Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo Emergency petition for writ of superintending control to the New Mexico Supreme Court in a sexual assault case in which a state court judges ordered U visa applicant victims to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected case in violation of federal law. NIWAP is being represented in this appeal by Skadden,

VAWA / U / T Children and SIJS BIA Direct PDF
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National Immigration Project Practice advisory Aug 23, 2023

Practice Alert: Overview of Pugin v. Garland

This practice alert analyzes the Supreme Court’s recent decision in Pugin v. Garland , 143 S. Ct. 1833 (2023). The June 22 opinion addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S). The Court held that a conviction may be an offense “relating to obstruction of justice,” even if it does not require that an investigation or proceeding be pending or reasonably foreseeable. The practice alert reviews the generic definition of obstruc

Crimes and categorical approach Cross-forum Direct PDF
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American Immigration Council Practice advisory Aug 22, 2023

Practice Alert: Overview of the Supreme Court’s Decision in Pugin v. Garland

On June 22, 2023, the U.S. Supreme Court issued Pugin v. Garland , 143 S. Ct. 1833 (2023), an immigration decision addressing the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S). The Court held that a conviction may be an offense “relating to obstruction of justice,” even if it does not require that an investigation or proceeding be pending or reasonably foreseeable. In doing so, Pugin reversed favorable case law in the Ninth Circuit, Valenz

Crimes and categorical approach Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 17, 2023

Obstruction of Justice: Pugin and California Offenses

Conviction of “obstruction of justice” is an aggravated felony if a sentence of a year or more is imposed. In Pugin v. Garland, No. 22-23 (June 22, 2023) , the Supreme Court overturned the Ninth Circuit’s definition of obstruction, but failed to provide a clear definition of its own. Now some California offenses are likely aggravated felonies if there is a sentence of year or more, including Penal Code §§ 32, 69, 136.1, 148, Vehicle Code § 10851, and others.

Crimes and categorical approach Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 30, 2023

State of U Visa and T Visa Laws

U nonimmigrant status and T nonimmigrant status, often called “U visas” and “T visas,” are humanitarian forms of immigration relief for certain survivors of crime. Both forms of relief have a certification process by which applicants request certification from law enforcement or other government agencies to document their cooperation. In recent years, many states have enacted U and T visa certification legislation in order to increase access to certifications for those who are eligible. This pra

Crimes and categorical approach Consular practice VAWA / U / T Cross-forum Direct PDF
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