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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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National Immigration Project Practice advisory Jan 13, 2026

Quick Guide to Release from Immigration Detention for SIJS Youth

IMPORTANT: On February 6, 2026, the Fifth Circuit ruled in Buenrostro-Mendez v. Bondi , No. 25-20496, that noncitizens in removal proceedings who have not been admitted are subject to "mandatory" detention under 8 U.S.C. 1225(b)(2)(A). This resource has not been updated since the Buenrostro decision. If you are filing a habeas petition in a district within the Fifth Circuit, you will need to adapt your legal claims in light of the Buenrostro-Mendez v. Bondi decision, e.g. by focusing on constitu

Removal defense Detention / bond Federal court Immigration court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 3, 2025

Quick Guide: Defending SIJS Clients in Removal Proceedings

This practice advisory, authored with our partners at the End SIJS Backlog Coalition, Children's Immigration Law Academy, National Immigration Project, and Safe Passage Project, offers strategies at every stage of an SIJS client’s removal proceedings to advocate against the client’s removal and to preserve the record for appeal, including:

Removal defense BIA appeals Special immigrant Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Apr 2, 2025

Quick Guide: Defending SIJS Clients in Removal Proceedings

This practice advisory, created by The End SIJS Backlog Coalition, is intended to help practitioners navigate removal proceedings for clients with pending or approved SIJS. It offers strategies at every stage of an SIJS client’s removal proceedings to advocate against the client’s removal and to preserve the record for appeal. Section II covers strategies for pleading to the Notice to Appear. Section III discusses challenging the Department of Homeland Security’s evidence of removability. Sectio

Removal defense BIA appeals Special immigrant Immigration court BIA Direct PDF
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NIWAP Library Amicus brief Jan 7, 2025

Velasquez v. Miranda Supreme Court of Pennsylvania

Velasquez v. Miranda Supreme Court of Pennsylvania (February 1 2024). NIWAP, represented by K & L Gates, filed an amicus brief on appeal from the judgement of the Superior Court of Pennsylvania dated June 20, 2023. The amicus brief argues that any confusion regarding the role of Pennsylvania courts in the process of obtaining SIJ status jeopardizes the ability of a child who is otherwise eligible for SIJ status to receive the protections created for them by Congress. State courts must fulfill th

Special immigrant Children and SIJS Immigration court BIA Direct PDF
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NIWAP Library Resource directory Apr 25, 2024

Special Immigrant Juvenile Status

Guardianship of S.H.R. v. Jesus Rivas (March 21, 2022; August 15, 2022) Supreme Court of California. NIWAP, represented by Manatt, Phelps and Phillips, filed an amicus brief in the Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS predicate findings. The amicus brief detailed the legislative and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of Appeals directly contradicts this

BIA appeals Federal court Special immigrant Immigration court BIA Direct PDF
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NIWAP Library Amicus brief Sep 18, 2023

Guardianship of S.H.R. v. Jesus Rivas

“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP filed an amicus brief in the Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS predicate findings. The amicus brief developed by Manatt, Phelps and Phillips for NIWAP detailed the legislative and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of Appeals directly contradicts this legislative and regulat

Special immigrant Children and SIJS Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 8, 2021

Sanchez v. Mayorkas: TPS and Adjustment after the Supreme Court’s Decision

In June 2021, the U.S. Supreme Court issued a decision in Sanchez v. Mayorkas that addressed a circuit split regarding whether a grant of TPS was an “admission” such that it allowed an applicant for permanent residence to meet the threshold “inspected and admitted or paroled” requirement to adjust status within the United States. Previously, the Sixth, Ninth, and Eighth Circuit Courts of Appeal had held that it did, whereas the Eleventh, Fifth, and Third Circuits had held that it did not. In San

Detention / bond Adjustment of status BIA appeals BIA Court of appeals Direct PDF
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Immigrant Legal Resource Center Sample brief Mar 16, 2021

TPS for Venezuela: An Overview

The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through September 5, 2021. This advisory provides an overview of the requirements and application process for TPS for Venezuela. It also includes a brief summary of Deferred Enforced Departure (DED) for Venezuela

Removal defense Special immigrant Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Template motion Mar 27, 2020

Understanding I-212s for Inadmissibility Related to Prior Removal Orders and the Permanent Bar

This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering other inadmissibility or enforcement issues when advising clients.

Removal defense Motions to reopen / reconsider Detention / bond Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 31, 2019

Practice Advisory: AG Overturns Sentence Modification Rule: Matter of Thomas & Matter of Thompson

On October 25, 2019, Attorney General Barr issued a precedential opinion limiting when immigration authorities will give effect to a state court modification of an imposed sentence. See Matter of Thomas and Matter of Thompson , 27 I&N Dec. 674 (AG 2019), available at: https://www.justice.gov/eoir/page/file/1213201/download (“ Matter of Thomas/Thompson ”) While advocates plan to challenge this decision in the courts of appeals, it is now binding law. This advisory summarizes the case, provides ad

BIA appeals Special immigrant BIA Direct PDF
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NIWAP Library Resource directory No date

NIWAP Amicus Brief Bank

NIWAP's amicus brief bank organized by topic, with collections covering VAWA, U visa, SIJS, gender-based asylum, and related issues.

VAWA / U / T Special immigrant Asylum Cross-forum Immigration court
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