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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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NIWAP Library Amicus brief Sep 27, 2023

Traore v. Mukasey

Amicus brief compiled by International Women’s Human Rights Law Clinic and Legal Momentum among others which seeks to reverse BIA’s denial of gender-based asylum for appellant Alima Traore. The case argues that Traore has established eligibility for asylum, withholding of removal, and protection under the Convention Against Torture because she has endured past persecution in the form of female genital mutilation (“FGM”), has a well-founded fear of future persecution, and likely faces torture and

Asylum BIA Direct PDF
NIWAP Library Amicus brief Sep 26, 2023

Harrison v. Harrison

Harrison v. Harrison, Kentucky, Fayette Circuit Court 3rd Division (2002) Amicus Brief explaining misuse of protection orders to penalize victims and discourage them from seeking legal relief, “mutual” protection orders as contrary to public policy, and the safety of DV victims as directly related to batterer responsibility enforced in the legal system. (Wiley, Rein & Fielding, Pro Bono)

Family-based practice Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 26, 2023

Meredith v. Muriel K&L Gates

Meredith v. Muriel, Supreme Court of the State of Washington, (2009). Submitted two amicus briefs one on behalf of Legal Momentum and a second on behalf of the National Network to End Violence Against Immigrant Women in a case in which an abuser appealed the issuance of a protection order containing a prohibition against the abuser communicating with the Department of Homeland Security regarding his wife. One brief (K & L Gates, Pro Bono) provided social science documentation of the harm to vict

Family-based practice BIA Direct PDF
NIWAP Library Amicus brief Sep 25, 2023

Rosa Marisol Avelar Oliva

Amicus Brief in Matter of Rosa Marisol Avelar Oliva, NIWAP filed an amicus curiae brief on behalf of an El Salvadorian woman who suffered child abuse and was held in isolation for years. The Immigration Judge found that she was not credible. The brief discussed the psychological and developmental effects of trauma and how childhood rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain

Asylum Immigration court Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

Chrismy Sagaille v. Christina Carrega

Chrismy Sagaille v. Christina Carrega (2020) Supreme Court of New York, Appellate Division. NIWAP assisted the National Women’s Law Center providing expertise on immigrant survivors’ experiences with sexual assault and signed on to an amicus brief filed in the Supreme Court of New York, Appellate Division. This amicus was filed on behalf of a number of women’s groups protecting sexual assault survivors from retaliatory defamation suits by their named assailants. (August 10, 2020).

Employment Cross-forum Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

Friendly House Et Al., V. Michael B. Whiting Et Al

Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a 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. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’

Evidence and procedure Federal district court Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

Gabriel Perez Cruz v. Barr

Gabriel Perez Cruz v. Barr (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 committing c

Evidence and procedure BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

N.Y.C.C. v. Whitaker

Amicus Brief in N.Y.C.C. v. Whitaker, NIWAP filed an Amicus Brief in N.Y.C.C. v. Whitaker in the Seventh Circuit Federal Court of Appeals. This brief explained that coercive control is one of the defining characteristics of domestic violence relationship as a result leaving a shared residence with an abuser does not bring an end to the abuse. Additionally, the brief discusses the particular dangers when the perpetrator engages in stalking his victim. Winston & Strawn LLP (November 26, 2018)

Asylum BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

O.M.G. et al v. Wolf et al.

O.M.G. v. Wolf (2020) U.S. District Court for the District of Columbia. David Thronson, “Declaration filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf.” NIWAP coordinated a national team of law professors and recruited the law firm of Winston Strum to help draft and develop this declaration that discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data

Children and SIJS BIA Federal district court Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

W.M.V.C.; A.P.V. v. U.S

Amicus Brief in W.M.V.C.; A.P.V. v. U.S. NIWAP filed an amicus curiae brief on behalf of W.M.V.C. and her son A.P.V DV who suffered domestic violence and life-threats in a non-consensual relationship. The amicus brief discussed that the same power dynamics that precipitate domestic violence in heterosexual marital relationships apply and are present in same-sex and non-extramarital relationships. It also discussed the that the same factors that make a woman unable to leave an abusive opposite-se

Asylum Cross-forum Direct PDF
NIWAP Library Amicus brief Sep 20, 2023

Ada Merary Rivas-Ramos v Merrick Garland

“Ada Merary Rivas-Ramos v Merrick Garland”. NIWAP represented by Manatt, Phelps, and Phillips, LLP filed an amicus brief in the 8th Circuit Court of Appeals in a case of Ada Rivas-Ramos faced abuse at the hands of her former partner with whom she had been in a relationship with since she was 14 years old and shared children. Rivas-Ramos testified as to the sustained abuse she suffered throughout their relationship, including that the abuser hit her in the face with a bottle, threatened her and t

Asylum BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 20, 2023

Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S. US Court of Appeals Fourth Circuit

Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S., NIWAP filed an amicus curiae on behalf of Nelsa Rosa Hernandez Cabrera; A.J.E.H., the petitioner is a domestic violence victim, from Honduras, who suffered physical abuse and enormous amount of control from her husband. The amicus will be filed in the Fourth Circuit Federal Court of Appeals in a case that Hernandez Cabrera is seeking to overturn a decision by the Board of Immigration Appeals that denied her request seeking asylum. Winston & Strawn

Asylum BIA appeals Federal court BIA Court of appeals Direct PDF