Practice Advisories & Brief Bank
Public immigration practice advisories, sample briefs, template motions, amicus briefs, and government guidance, organized in one searchable index and linked to the original host.
Filters
| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
A Guide to Obtaining Detention RecordsIndividuals held in immigration detention facilities have a right to government records about their detention. Those records can help detained or formerly detained people learn more about what happened to them when they were detained and what they experienced, including abusive treatment, difficulty accessing an attorney, and lack of medical care. These government records also may support a legal claim or complaint against the agency that detained the individuals and can help advocates working f Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Detention / Bond; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Detention / bond
Cross-forum
|
Dec 13, 2022 | |
Delay Actions In The Asylum Context: Avoiding Dismissal And Proving The CaseBy the American Immigration Council and the American Immigration Lawyers Association [1] Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Asylum; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Asylum
Cross-forum
|
Nov 28, 2022 | |
Whom to Sue and Whom to Serve in Immigration-Related District Court LitigationThis Practice Advisory addresses who is the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. The Advisory covers whom to sue in specific types of immigration-related actions, including mandamus, Federal Tort Claims Acts (and administrative claims), Bivens, and habeas actions. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Federal court
Federal district court
|
Sep 14, 2022 | |
Matter of LaparraIn Matter of Laparra , 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality Act (INA) section 239(a)(1). This practice alert provides brief background on the case law relevant to Laparra , describes the Laparra decision and its implicat Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Motions to reopen / reconsider
BIA appeals
BIA
|
Feb 8, 2022 | |
Immigration Lawsuits and the APA: The Basics of a District Court ActionThis Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Federal court
Evidence and procedure
Federal district court
|
Oct 5, 2021 | |
Strategies and Considerations in the Wake of Niz-Chavez v. GarlandIn Niz-Chavez v. Garland , 141 S. Ct. 1474 (2021), the Supreme Court held that a Notice to Appear must convey the time and place of the hearing in a single document in order to trigger the stop-time rule in cancellation of removal cases, and that a subsequently-issued hearing notice does not stop time if the Notice to Appear did not include the required information. The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective N Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Cross-forum
|
Jun 30, 2021 | |
Freedom of Information Act and Immigration AgenciesThis Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. It discusses the exemptions from FOIA that agencies are most likely to invoke in immigration cases, and lays out the basics of bringing a federal district court challenge to an agency’s failure to disclose certain documents. In addition, the Practice Advisory collects the FOIA policies of the most relevant immigration agencies i Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on BIA Appeals; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
BIA appeals
Federal court
BIA
Federal district court
|
Jun 4, 2021 | |
Realistic Probability in Immigration Categorical Approach CasesPractice advisory on the realistic-probability requirement in immigration categorical-approach litigation, including how to frame the argument and use state-law materials effectively. Why it matters: One of the more durable crim-imm references because the realistic-probability issue still surfaces repeatedly in removability and relief fights. |
Immigrant Defense Project National Direct PDF available |
Crimes and categorical approach
Removal defense
Immigration court
BIA
Court of appeals
|
Jun 3, 2021 | |
Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the CaseThis Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the Administrative Procedure Act (APA). It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Federal court
Evidence and procedure
Federal district court
|
Feb 22, 2021 | |
Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act (APA) — such as a complaint challenging an employment-based immigration petition denial : “I just received the government’s answer. Now what ?” It explains next steps: the government’s filing of the certified administrative record followed by the parties moving for summary judgment. The practice tip also explains ho Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Employment; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Employment
Federal court
Evidence and procedure
Cross-forum
|
Nov 20, 2020 | |
Requesting Attorneys’ Fees Under the Equal Access to Justice ActThe Equal Access to Justice Act (EAJA) authorizes payment by the government of attorneys’ fees and costs for successful federal court litigation against the government. A successful litigant who establishes eligibility under EAJA is entitled to a fee award for litigating both the case and the fee motion. Fees and costs under EAJA are assessed without regard to whether or how much money, if any, the client actually paid his or her attorney. As such, attorneys who take cases on a pro bono or “low Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Federal court
Cross-forum
|
Aug 14, 2020 | |
Standards of Review Applied by the Board of Immigration AppealsThis practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions. The advisory suggests arguments practitioners can make when the Board applies an incorrect standard of review. The advisory also includes an appendix containing citations to select circuit court decisions reversing agency decisions on this basis. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
BIA appeals
Immigration court
BIA
Court of appeals
|
Apr 22, 2020 |