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Practice resources

Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

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National Immigration Project Practice advisory Jan 15, 2013

Practice Advisory: Matter of Davey & the Categorical Approach

This practice advisory discusses the Board of Immigration Appeals (BIA) decision in Matter of Davey, 26 I&N Dec. 37 (BIA 2012) and its holding that the categorical approach does not apply to the “possession of 30 grams of marijuana” exception to deportability found in 8 U.S.C. § 1227(a)(2)(B)(i), INA § 237(a)(2)(B)(i).

BIA appeals Immigration court BIA Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Oct 15, 2012

Arguing That a California Infraction is Not a Conviction; Test for Non-Misdemeanor Offenses

Practice Advisory: The BIA held that a violation of a Kansas municipal ordinance is a conviction for immigration purposes despite the lack of appointed defense counsel or right to a jury trial in those proceedings. Matter of Cuellar , 25 I&N Dec. 850 (BIA 2012).

Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 1, 2011

Conviction on Direct Appeal of Right Remains a “Conviction” for Immigration Purposes

Planes v. Holder (9th Cir. July 5, 2011): Criminal defenders must assume that filing a timely direct appeal of right will not prevent a conviction from having immigration effect. This is a change in the law, created by Planes v. Holder , supra . Advocates will file a petition for rehearing and there is a good chance that this will be granted, and a reasonable chance, although no guarantee, that Planes may be reversed.

Crimes and categorical approach BIA appeals BIA Direct PDF
Direct PDF Source page Record
AAO Practice Manual Practice manual No date

AAO Practice Manual

Official USCIS Administrative Appeals Office manual for appeals, motions, certifications, representation, and filing practice.

BIA appeals Adjustment of status Employment USCIS
Open source Record
BIA Practice Manual Practice manual No date

BIA Practice Manual

Official practice manual for appeals and motions before the Board of Immigration Appeals.

BIA appeals Motions to reopen / reconsider Evidence and procedure BIA
Open source Record
EOIR Policy Manual Policy manual No date

EOIR Policy Manual

Official EOIR policy manual covering immigration courts, the Board of Immigration Appeals, and OCAHO practice.

Removal defense BIA appeals Evidence and procedure Immigration court BIA
Open source Record
EOIR Policy Memoranda Resource directory No date

EOIR Policy Memoranda Archive

EOIR policy manual landing page collecting policy memoranda, operating policies, and related government guidance with practice impact.

Evidence and procedure BIA appeals Removal defense Immigration court BIA
Open source Record
National Immigrant Justice Center Resource directory No date

NIJC Sample Documents Archive

National Immigrant Justice Center archive of public sample documents, quick-start guides, and practitioner-facing filings.

Detention / bond BIA appeals Removal defense Immigration court BIA
Open source Record
National Immigration Litigation Alliance Resource directory No date

NILA Practice Advisories and Templates

National Immigration Litigation Alliance page collecting litigation-oriented practice advisories, templates, and sample filings.

Federal court BIA appeals Motions to reopen / reconsider Court of appeals Federal district court
Open source Record