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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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National Immigration Project Template motion Dec 21, 2021

Equal Protection Challenges to Prosecutions Under 1325 & 1326: The Groundbreaking Decision in United States v. Carillo-Lopez

Over the past two years, federal defenders have begun challenging the laws that criminalize crossing the border — 8 U.S.C. § 1325 and 8 USC § 1326 — on the grounds that the law is racist, and therefore unconstitutional. Recently, in a case called United States v. Carrillo Lopez (“ Carrillo-Lopez ”), Judge Miranda Du in the District of Nevada agreed with this argument and granted a motion to dismiss a criminal case against a person charged with the crime of crossing the border after being previou

Crimes and categorical approach Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 16, 2021

Department of State FOIA Requests for Personal Records

In certain immigration cases, you may want to submit a Freedom of Information Act (FOIA) request to the U.S. Department of State (DOS), such as to try to find information about previous visa applications and passport records. This Practice Advisory will go over the DOS FOIA process in detail and provide practice tips for obtaining personal records from them, including best practices.

Consular practice Consular processing Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 16, 2021

Update on DOJ Grants Under the Biden Administration

Throughout the Trump Administration, the federal government has sought to undermine sanctuary policies by requiring that cities help ICE with immigration enforcement in order to receive certain federal grants from the DOJ. These policies have spurred a dozen lawsuits, almost all of which have ruled in favor of the cities challenging DOJ’s conditions. In 2021, the Biden administration removed all current and prior immigration conditions on federal grants. This advisory explains more about the gra

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 3, 2021

Overview of the New U Nonimmigrant (“U Visa”) Bona Fide Determination

On June 14, 2021, USCIS announced a new “bona fide determination” process whereby certain U petitioners and their family members with pending U petitions can receive four-year work authorization and deferred action while they wait for full adjudication. This process could be very good for many of the 270,000 folks who have filed for a U visa and are waiting – but there are many folks left out, and of course, much of this depends on how the process is implemented. ILRC and ASISTA wrote this advis

Family-based practice Consular practice VAWA / U / T USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 1, 2021

Practice Advisory for Criminal Defense Attorneys: The Biden Administration’s Final Enforcement Priorities

DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021. This practice advisory from the ILRC, NIPNLG, and IDP provides criminal defense practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.

Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Nov 30, 2021

Practice Advisory for Immigration Advocates: The Biden Administration's Final Enforcement Priorities

This practice advisory provides an overview of the final priorities. The Memo also suggests ways for practitioners to utilize the Mayorkas Memo and its lack of bright-line rules to craft persuasive arguments to protect their clients from harmful enforcement action.

Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory Nov 24, 2021

Practice Advisory: Advocacy Strategies After United States v. Palomar-Santiago

This advisory first reviews the case history and the precedent governing the legal situation Mr. Palomar-Santiago was in when he was charged with illegal re-entry. It then addresses both Mr. Palomar-Santiago’s and the government’s arguments before the Court and the Court’s decision. Finally, the advisory turns to how the Court’s decision affects advocacy strategies for future collateral attacks on removal orders under § 1326(d).

Removal defense Entry and admission Cross-forum Direct PDF
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ASISTA Practice manual Nov 1, 2021

Advisory on new T Visa sections of the USCIS Policy Manual (November 2021)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 5, 2021

How to Use the Categorical Approach Now (2021)

With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants charged with or convicted of crimes. This Update of our long-running article includes discussion of Pereida v. Wilkinson, 141 S.Ct. 754 (2021).

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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