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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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Showing 25-36 of 84 resources.

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NIWAP Library Resource directory Apr 25, 2024

Trauma, Testimony, and Adult Victims

Gabriel Perez Cruz v. Barr , (July 2 2020) U.S. Court of Appeals 9th Circuit. NIWAP assisted the Family Violence Appellate Project in California in developing, securing social science support for and national sign ons from 16 organizations nationally for this 9th Circuit Amicus Brief in which we were represented by Haney and Boone LLP. The brief discussed the mental health impact of domestic violence and coercive control in abusive relationships and perpetrators who coerce their victims into com

Removal defense Family-based practice BIA appeals BIA Court of appeals
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NIWAP Library Resource directory Apr 25, 2024

Trauma, Testimony, and Child Brain Development

BIA Amicus Invitation 2016-0609 (September 1 2016) Board of Immigration Appeals, NIWAP, Crowell and Moring. NIWAP and The Lutheran Immigration and Refugee Service submitted this amicus brief to the Board of Immigration Appeals discussing the brain development and neuroscience of how having experienced or witnessed trauma impacts the brain development of children and adolescents. The brief argues that in cases of child asylum applicants’ waivers of the one-year deadline based on extraordinary cir

Asylum Waivers BIA appeals BIA
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National Immigration Project Practice advisory Dec 21, 2023

Practice Advisory: Navigating Family-Based Claims Following Matter of M-R-M-S

On December 1, 2023, the Board of Immigration Appeals issued a precedential decision, Matter of M‑R‑M‑S‑, 28 I&N Dec. 757 (BIA 2023), which purports to narrow the circumstances in which asylum seekers can prove that their membership in a family-based particular social group can meet the “one central reason” nexus standard. This practice advisory discusses the BIA opinion, explains how it intersects with existing court of appeals case law, and provides practical tips for practitioners on how to f

Asylum Family-based practice BIA appeals BIA Court of appeals Direct PDF
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American Immigration Council Practice advisory Nov 28, 2023

Common Tools of Statutory Construction for Criminal Removal Grounds

This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the Board of Immigration Appeals (BIA) and the U.S. courts of appeals. To determine whether a criminal conviction renders a noncitizen removable under federal immigration law, federal courts and the BIA generally employ the categorical approach. Under this approach, adjudicators consider whether the elements of

Removal defense Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Chart Nov 21, 2023

Qualifying for Protection Under the Convention Against Torture

Protection under the Convention Against Torture (CAT) is an important relief option for individuals who are unable to qualify for asylum or withholding of removal. This advisory reviews the legal standard for CAT protection. It also provides an overview of seminal Board of Immigration Appeals and federal circuit court decisions that discuss the various elements of a CAT claim. The end of the advisory contains a useful chart which compares asylum, withholding of removal, and CAT.

Asylum Withholding / CAT Removal defense BIA Court of appeals Direct PDF
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NIWAP Library Amicus brief Nov 1, 2023

Arguijo v. USCIS (July 24 2020) US Court of Appeals 7th Circuit

The National Immigrant Justice Center (NIJC) represents Jennifer Arguijo, who was 11 years old when her mother married her stepfather, who turned out to be abusive. Applying BIA case law from other contexts, VSC held that a stepchild-stepfather relationship ends after the biological parent divorces the stepparent, unless there is a “continuing relationship” between the stepchild and stepfather. NIJC sought reconsideration, and appealed to the AAO. The AAO affirmed the VSC’s decision to deny the

Removal defense BIA appeals Federal court USCIS Immigration court Direct PDF
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NIWAP Library Amicus brief Nov 1, 2023

Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit

Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit. National Network to End Violence Against Immigrant Women respectfully moves pursuant to Federal Rule of Appellate Procedure for 29 for leave to file an amicus brief in support of Appellant Josefa Rosario. Client placed in removal proceedings, concedes removability and applies for VAWA Cancellation of Removal. IJ denies cancellation based on finding that there is not substantial evidence of battery to the extent envisioned by the st

Removal defense BIA appeals Federal court Immigration court BIA Direct PDF
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NIWAP Library Amicus brief Oct 24, 2023

In The Matter of: Suyi Varquero-Cubias

In The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals. NIWAP, represented by Tahirih Justice Center and Center for Gender and Refugee Studies, participated filed this brief in a case of a battered immigrant from El Salvador who separated from her abusive boyfriend and her abuser continued to stalk, sexually assault, and threaten her for the next two years until she fled in fear of her life for the United States. The Immigration Judge denied her asylum case based on t

Asylum BIA appeals Immigration court BIA Direct PDF
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NIWAP Library Amicus brief Oct 24, 2023

Obiaga and Berrocal v. Ashcroft

Obiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild).

Removal defense BIA appeals VAWA / U / T BIA Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 27, 2023

Practice Alert: Recent Developments in the DACA Litigation

On September 13, 2023, Judge Andrew S. Hanen, a federal judge in the Southern District of Texas, ruled that the Biden administration’s final DACA rule, issued in August 2022, is unlawful. Judge Hanen previously ruled in July 2021 that the 2012 DACA memorandum, which preceded the rule, was. His earlier ruling was affirmed by the U.S. Court of Appeals for the Fifth Circuit, but the appellate court sent the case back to Judge Hanen to consider whether there are any material differences between the

BIA appeals Federal court BIA Court of appeals Direct PDF
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NIWAP Library Amicus brief Sep 20, 2023

Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S. US Court of Appeals Fourth Circuit

Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S., NIWAP filed an amicus curiae on behalf of Nelsa Rosa Hernandez Cabrera; A.J.E.H., the petitioner is a domestic violence victim, from Honduras, who suffered physical abuse and enormous amount of control from her husband. The amicus will be filed in the Fourth Circuit Federal Court of Appeals in a case that Hernandez Cabrera is seeking to overturn a decision by the Board of Immigration Appeals that denied her request seeking asylum. Winston & Strawn

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