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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 624 Asylum merits package 95 Motions, stays, and pretermission 139 Bond, detention, and habeas 85 BIA, PFR, and federal court 466 USCIS and AAO appeals 214 Crim-imm screening 158 VAWA, U, T, and survivor relief 197

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Immigrant Legal Resource Center Practice advisory Aug 23, 2023

Practice Alert: USCIS & BIA Affirm Three- and Ten-Year Unlawful Presence Bars Can Run in the U.S.

This practice alert provides an overview of new USCIS policy guidance and a recent BIA case that now officially acknowledge that the three- and ten-year unlawful presence bars can run in the United States. This practice alert summarizes current policy on the three- and ten-year bars as well as covering who does (and does not) benefit from this policy.

BIA appeals USCIS BIA 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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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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Immigrant Legal Resource Center Practice advisory Aug 14, 2023

Challenging an Immigration Judge's Adverse Credibility Finding with the Board of Immigration Appeals, Part Two

This is the second part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The two advisories should be read together, as neither part is complete on its own. This second part of the advisory discusses how to challenge adverse credibility findings based on a witness's demeanor or responsiveness; findings that are based on an immigration judge's speculation and conjecture, particularly regarding

BIA appeals Evidence and procedure Immigration court BIA 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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National Immigration Project Practice advisory Jul 11, 2023

Practice Alert: OIL Accepts Limited Representation Forms for Pro Se Petitioners with Pending PFRs

Recognizing the challenges that pro se noncitizens face in navigating options for resolving petitions for review (PFRs) through negotiations with government attorneys from the Department of Justice’s Office of Immigration Litigation (OIL), OIL has recently agreed to accept limited representation forms from attorneys who have not entered an appearance in the PFR but who are able to provide limited representation for the purpose of negotiating resolutions of a PFR, including through requests for p

Removal defense Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 6, 2023

Grounds of Inadmissibility for Temporary Protected Status

This practice advisory provides an overview of the grounds of inadmissibility for Temporary Protected Status (TPS) explaining which grounds do not apply to TPS applicants, which grounds are non-waivable, and which grounds are waivable. It also offers an overview of the TPS waiver of inadmissibility.

Waivers Special immigrant Cross-forum 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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Immigrant Legal Resource Center Practice advisory Jun 27, 2023

Clean Slate Relief: The Impact on Criminal Record Sharing and Immigration

This memorandum seeks to demystify the contours of criminal record sharing across state boundaries, outlining some of the main structures and laws that govern criminal record sharing, particularly focusing on sharing with federal immigration agencies. We examine how agencies like Immigration and Customs Enforcement (ICE) use state criminal record sharing in their enforcement efforts to target noncitizens, and how United States Citizenship and Immigration Services (USCIS) uses state records to de

Crimes and categorical approach Naturalization USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 27, 2023

The Central American Minors (CAM) Program

The Central American Minors program (CAM) is a hybrid refugee and parole program. It benefits minors in El Salvador, Guatemala, and Honduras who have a parent or legal guardian living in the United States under certain forms of immigration status. The program was first introduced in 2014, but was terminated in 2017 under the Trump administration. The Biden administration reinstated the program in 2021 and made enhancements to the program in April 2023. This advisory gives an overview of the CAM

Asylum Detention / bond Children and SIJS Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 26, 2023

Challenging an Immigration Judge's Adverse Credibility Finding with the Board of Immigration Appeals, Part One

This is the first part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The advisory guides practitioners on what constitutes a proper adverse credibility finding and what to do if the finding is unclear or improper. It then specifically identifies the most common bases for adverse credibility findings, with practical advice on how to challenge each type of finding per current case law.

BIA appeals Evidence and procedure Immigration court BIA Direct PDF
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