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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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Immigrant Legal Resource Center Practice advisory Jun 24, 2020

Proving Medical and Psychological Hardship for Non-LPR Cancellation of Removal

Non-LPR Cancellation of Removal is an important deportation defense for eligible individuals in removal proceedings who have resided in the United States for many years. Proving “exceptional and extremely unusual” hardship to a qualifying relative can be difficult, but when medical or psychological conditions are present, they are often the strongest hardship factor. This advisory explains how to meet the requisite hardship burden in Non-LPR Cancellation cases by demonstrating medical and psycho

Removal defense Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 7, 2020

Practice Alert: Advising Non-Citizen Clients About their Right to Protest

The purpose of this practice advisory is to assist immigration attorneys who are advising their clients regarding their decision to participate in a protest or demonstration by providing a checklist of issues to consider and address. While the decision rests with the client, it is important to provide information so they may make an informed decision about their choice to participate and so they may understand the consequences of participating as well as measures they can take to minimize their

Evidence and procedure Cross-forum Direct PDF
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ASISTA Practice advisory May 12, 2020

COVID-19 Practice Pointer: Initial Filings of U/T visa petitions and VAWA self-petitions with U.S. Citizenship and Immigration Services (USCIS) (Current as of May 12, 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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National Immigrant Justice Center Template motion May 7, 2020

Translation Form: Divorce Decree

Call and message your members of Congress telling them to oppose any effort to give ICE and Border Patrol more funding.

Evidence and procedure Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory May 6, 2020

Practice Alert: The Impact of Barton v. Barr on Eligibility for Cancellation of Removal

On April 23, 2020, the U.S. Supreme Court issued an adverse, 5-4 decision in Barton v. Barr , No. 18-725 (U.S. Apr. 23, 2020), a case regarding the “stop-time rule” and eligibility for cancellation of removal. The Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) stops time for purposes of cancellation, even for an admitted LPR who cannot be charged as removable under the inadmissibility grounds. The Barton opinion will primarily limit eligibility f

Removal defense Waivers Cross-forum Direct PDF
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American Immigration Council Practice advisory Apr 22, 2020

Standards of Review Applied by the Board of Immigration Appeals

This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions. The advisory suggests arguments practitioners can make when the Board applies an incorrect standard of review. The advisory also includes an appendix containing citations to select circuit court decisions reversing agency decisions on this basis.

Removal defense BIA appeals Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 21, 2020

Memo on the Equal Protection Implications of Immigration-Related Prosecutorial Considerations

Increasingly prosecutors are asked to c on sider immigrati on c on sequences in the charging and plea-bargaining process. Some states have adopted policies requiring prosecutors to c on sider such c on sequences, see, e.g., Cal. Pen. C. § 1016.3(b), and some prosecutor offices have adopted internal guidelines mandating the c on siderati on of immigrati on c on sequences. This advisory provides c on text for why such a prosecutorial policy or practice is legally necessary and permitted, if not ma

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Template motion Apr 2, 2020

Motions with the BIA

This advisory provides an overview of the most common types of motions filed with the Board of Immigration Appeals. It discusses the types of motions the Board will accept while proceedings are pending before it, such as motions to remand. It also discusses motions filed with the Board after it has issued a final order of removal, which includes motions to reconsider and motions to reopen. It contains guidelines on determining what type of motion is appropriate in specific circumstances and how

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
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