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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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American Immigration Council Practice advisory Feb 6, 2018

The Basics of Motions to Reopen EOIR-Issued Removal Orders

This practice advisory provides a basic overview of motions to reopen removal orders that are filed with the Executive Office for Immigration Review (EOIR), which consists of immigration courts throughout the country and the Board of Immigration Appeals, located in Falls, Church Virginia. The advisory also provides basic information about how to seek a stay in conjunction with the filing of a motion to reopen.

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 21, 2017

Practice Alert on Flores v. Sessions: Ninth Circuit Holds that All Detained Children Have the Right to a Bond Hearing

This practice alert provides a summary of Flores v. Sessions , a recent Ninth Circuit decision that held that all detained children have the right to a bond hearing. It discusses why Flores v. Sessions was necessary, what its impact may be for detained youth, and details practice tips for advocates representing detained children seeking bond hearings.

Detention / bond Children and SIJS Court of appeals Direct PDF
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Immigrant Defense Project Practice advisory Jun 8, 2017

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.

Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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American Immigration Council Practice advisory Aug 10, 2016

Practice Tip: Building the Record for Employment-Based Petitions

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.

Employment Federal court Consular practice Cross-forum Direct PDF
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American Immigration Council Practice advisory Aug 10, 2016

Practice Tip: Responding to a Request for Evidence

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

Federal court Evidence and procedure Cross-forum Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Finality of Removal Orders for Judicial Review Purposes

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.

Removal defense BIA appeals Federal court Immigration court BIA Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

How to File a Petition for Review

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.

Removal defense BIA appeals Federal court BIA Court of appeals Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

How to Get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application

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.

Naturalization Federal court USCIS Federal district court Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies

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.

Adjustment of status Waivers BIA appeals BIA Direct PDF
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