Esquivel-Quintana v. Sessions
Practice advisory on the Supreme Court’s Esquivel-Quintana decision and its effect on the aggravated-felony sexual-abuse-of-a-minor ground and related crim-imm arguments.
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Practice advisory on the Supreme Court’s Esquivel-Quintana decision and its effect on the aggravated-felony sexual-abuse-of-a-minor ground and related crim-imm arguments.
We encourage business immigration practitioners to consider using litigation as a tool to achieve client objectives. This Practice Tip outlines how you can build a strong administrative record to set the stage for challenging the denial of a client’s visa petition in federal court.
This Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response. It also includes advice about how to review the RFE, prepare the client, assess the evidence, obtain additional evidence, and structure the response. While the immediate goal of an RFE response is to obtain petition approval, building a strong administrative record is crucial if federal court review becomes a mu
This Practice Tip analyzes the pros and cons of appealing to the Administrative Appeals Office (AAO) following the denial of an employment-based visa petition.
The Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review.
This Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals.
Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.
Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available.
This Practice Advisory describes the Supreme Court’s decision in Judulang v. Holder, which rejected the BIA’s “comparable grounds” test for § 212(c) relief, and offers strategies for lawful permanent residents and others who may be affected by it.
This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.
On May 11, 2005, the REAL ID Act was signed into law. This Act contains numerous provisions related to federal court review of immigration cases. This Practice Advisory discusses the provisions of the Act that pertain to judicial review of immigration decisions under the INA.
This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals.