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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 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
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Immigrant Legal Resource Center Practice advisory Sep 24, 2024

Overview, Tips, and Considerations When Applying for Keeping Families Together Parole in Place for Spouses and Stepchildren of U.S. Citizens

This practice advisory describes the new “Keeping Families Together” parole in place process for certain spouses and stepchildren of U.S. citizens including what exactly is it and what you get if approved. It also details the eligibility requirements and application process as well as addressing some of the more “in the weeds” issues such as if the USC spouse is deceased, common law marriages, the different presumptions that apply depending on the applicant’s criminal history or if they have an

Detention / bond Crimes and categorical approach Family-based practice Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 13, 2024

Practice Advisory: Representing Immigrant Clients Affected by the Racial Bias of the Criminal Legal System: Mitigating the Effect of Past Racial Bias When Seeking Discretionary Relief and Bond

This practice advisory, along with the accompanying report, Bias in the Criminal Legal System: A Report Aggregating Social Science Research and Reporting on Racial Bias in the Criminal Legal System, and template brief , provides a framework for you to make legal arguments and introduce evidence during your client’s immigration court proceedings if they are seeking discretionary relief or requesting bond. You can use this advisory and the accompanying report to argue that the immigration judge sh

Detention / bond Crimes and categorical approach BIA appeals Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 23, 2022

Overview of ICE’s Victim-Centered Directive

This advisory provides an overview of ICE’s new “victim-centered” approach to immigration enforcement based on an August 2021 directive, including who qualifies as a victim and which ICE actions are covered. As part of this new approach, ICE officers and agents are instructed to look out for and in various circumstances exercise prosecutorial discretion in favor of noncitizen survivors of crime as part of their decisions to arrest, detain, release, and refer noncitizens.

Crimes and categorical approach VAWA / U / T Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 30, 2020

How to Avoid Mandatory ICE Detention

Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or years of their entire immigration case, without even the right to a bond hearing . Recent Supreme Court decisions in Jennings v. Rodriguez and Nielsen v. Preap have made the situation even worse, although litigation has produced some protections. This advisory outlines how to identify whether your clien

Detention / bond Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 15, 2020

Using and Defending California Penal Code § 1473.7 Vacaturs in Immigration Proceedings: Sample Memorandum of Law and Table of BIA Cases

In 2016, California passed California Penal Code § 1473.7, a critical post-conviction relief vehicle for people no longer in criminal custody to move to eliminate prior convictions that violated constitutional and statutory rights to due process and effective assistance of counsel. Under decades of legal precedent, prior offenses vacated on this basis are outside the federal immigration definition of "conviction." Nevertheless, some DHS attorneys incorrectly argue that § 1473.7 vacaturs are not

Detention / bond Crimes and categorical approach BIA appeals BIA Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings

This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.

Crimes and categorical approach Federal court Federal district court Direct PDF
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Immigrant Defense Project Resource directory No date

Immigrant Defense Project Practice Advisories

Immigrant Defense Project page collecting practice advisories and related materials at the intersection of criminal and immigration law.

Crimes and categorical approach Detention / bond Removal defense Cross-forum Immigration court
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National Immigration Project Resource directory No date

National Immigration Project Resource Hub

National Immigration Project's public resource page collecting practice advisories, litigation materials, and defense-oriented guidance.

Removal defense Detention / bond Crimes and categorical approach Cross-forum Immigration court
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Immigrant Defense Project Practice advisory No date

IDP and NYU Immigrant Rights Clinic and Practice Advisory: Making Statutory Arguments in the Second Circuit on the Meaning of “When…Released” and “Released” in U.S.C. § 1226(c) To Challenge Mandatory Detention After Jennings and Lora

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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Immigrant Defense Project Practice advisory No date

IDP Practice Advisory: Making Constitutional Arguments in the Second Circuit to Challenge Prolonged Mandatory Detention after Jennings and Lora

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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Immigrant Defense Project Practice advisory No date

Practice Advisory: Getting Clients with ICE Detainers out of DOC Custody

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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