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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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NIWAP Library Resource directory Sep 13, 2023

Violence Against Women Act-VAWA Self-Petitions, Suspension of Deportation and Cancellation of Removal

Esteban Cabezas (2010) Appeal to the United States Citizenship and Immigration Services Administrative Appeals Office. Amicus submitted by Legal Momentum, National Network to End Violence Against Immigrant Women, and represented by Andrew Taylor, of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigra

Removal defense Naturalization BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 14, 2023

Challenging an Immigration Judge's Adverse Credibility Finding with the Board of Immigration Appeals, Part Two

This is the second part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The two advisories should be read together, as neither part is complete on its own. This second part of the advisory discusses how to challenge adverse credibility findings based on a witness's demeanor or responsiveness; findings that are based on an immigration judge's speculation and conjecture, particularly regarding

BIA appeals Evidence and procedure Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 26, 2023

Challenging an Immigration Judge's Adverse Credibility Finding with the Board of Immigration Appeals, Part One

This is the first part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The advisory guides practitioners on what constitutes a proper adverse credibility finding and what to do if the finding is unclear or improper. It then specifically identifies the most common bases for adverse credibility findings, with practical advice on how to challenge each type of finding per current case law.

BIA appeals Evidence and procedure Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 29, 2022

Identifying Issues for a BIA Appeal

Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review. Often, reviewing the immigration judge’s decision for errors is a daunting task. It can be difficult to separate identifying issues to appeal, from the overwhelming sense of injustice that can result from a negative decision. This advisory will focus on reviewing decis

Removal defense BIA appeals Immigration court BIA Direct PDF
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American Immigration Council Practice advisory Feb 8, 2022

Matter of Laparra

In 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

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
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National Immigration Project Practice advisory Feb 8, 2022

Practice Alert: Matter of Laparra

In 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

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
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American Immigration Council Practice advisory Apr 22, 2020

Standards of Review Applied by the Board of Immigration Appeals

This 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.

Removal defense BIA appeals Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Template motion Apr 2, 2020

Motions with the BIA

This advisory provides an overview of the most common types of motions filed with the Board of Immigration Appeals. It discusses the types of motions the Board will accept while proceedings are pending before it, such as motions to remand. It also discusses motions filed with the Board after it has issued a final order of removal, which includes motions to reconsider and motions to reopen. It contains guidelines on determining what type of motion is appropriate in specific circumstances and how

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 2, 2019

How to Successfully Administratively Appeal Your Naturalization Denial

While the best-case scenario would be for United States Citizenship and Immigration Services (USCIS) to approve a person’s naturalization application, receiving a denial after a naturalization interview is not the end of the road. If USCIS denies the naturalization application, persons can seek a USCIS hearing to appeal the denial by submitting form N-336 (informally known as an administrative appeal). Although the process is simple, many do not take advantage of this process.

Removal defense Naturalization BIA appeals USCIS BIA Direct PDF
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American Immigration Council Practice advisory Jul 11, 2019

Raids Response Materials for Individuals with Final Removal Orders

In anticipation of widespread raids in July 2019, the American Immigration Council has prepared template materials to assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review. ¹ Materials include templates of: (1) a general skeletal motion to reopen a removal order and motion to stay removal for filing with the Board of Immigration Appeals (BIA) or immigration court (for pro se and represented cases); (2) a skeletal motion to resci

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
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