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Practice resources

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 243 resources.

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American Immigration Council Practice advisory Jan 17, 2025

Seeking Stays of Removal

A stay of removal prevents the Department of Homeland Security (DHS) from deporting a noncitizen from the United States while they continue to challenge their removal order or pursue an immigration benefit or humanitarian protection. This practice advisory discusses the law, procedure, and practical tips for seeking a stay of removal from DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals.

Removal defense BIA appeals Evidence and procedure Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 6, 2024

EOIR Regulation Limits Retroactivity of Matter of Thomas & Thompson Regarding Sentence Modifications

On October 25, 2019, the Attorney General published Matter of Thomas & Thompson holding that adjudicators could only recognize a sentence modification for immigration purposes where the sentence was vacated due to procedural or substantive defect as defined in Matter of Pickering. It was not clear whether this holding was retroactive. Under new DOJ regulations it is now clear that Matter of Thomas & Thompson is not retroactive. Adjudicators will recognize a sentence modification as vacating the

Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory Sep 17, 2024

Supreme Court Roundup: What Immigrants’ Rights Legal Representatives Should Know from the October 2023 Supreme Court Term

This roundup summarizes cases from the Supreme Court’s October 2023 term (through June 2024) that are potentially relevant to lawyers representing noncitizens, be it in immigration matters, criminal defense, or civil litigation under the Administrative Procedure Act or the U.S. Constitution.

Removal defense Crimes and categorical approach Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice manual Sep 4, 2024

Practice Manual: Labor-Based Deferred Action

On January 13, 2023, the Department of Homeland Security announced “a streamlined and expedited deferred action request process” for non-citizen workers who experience or witness labor rights violations. This Practice Manual, updated in September 2024, is intended for immigration practitioners representing workers applying for Labor-Based Deferred Action.

Evidence and procedure 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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National Immigration Project Practice advisory Feb 13, 2024

USCIS Issues Guidance on Refiled I-589s Following EOIR Dismissal or Termination—FAQs

This Practice Advisory is an update on the FAQs NIPNLG released in October 2023. Following advocacy by NIPNLG with USCIS concerning some unclear language in its Guidance, USCIS updated its instructions on February 12, 2024. This updated Practice Advisory incorporates and analyzes the revised instructions.

Evidence and procedure USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 9, 2024

Practice Alert: USCIS Publishes Final Fee Rule, Effective April 1, 2024

This high level practice alert on the new fee rule provides a brief summary of the key changes and some quick takes for practitioners, including who may want to wait until the new rule takes effect to file versus who should prioritize filing now. We will update our website soon with more details and resources on the fee rule.

Evidence and procedure USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 5, 2024

Using the T Visa Law Enforcement Resource Guide

In October 2021, the U.S. Department of Homeland Security (DHS) issued its T Visa Law Enforcement Resource Guide. The guide, published alongside updated guidance on T visas in the USCIS Policy Manual (USCIS-PM), advises law enforcement agencies on providing T visa certifications, a crucial form of evidence in T visa applications. This practice advisory gives an overview of the resource guide and how practitioners can utilize it to advocate for law enforcement agencies to provide law enforcement

Consular practice VAWA / U / T Evidence and procedure USCIS Direct PDF
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NIWAP Library Amicus brief Oct 26, 2023

Rosen v. Ming Dai and Rosen v. Alcaraz

Rosen v. Ming Dai and Rosen v. Alcaraz (January 11 2021) Supreme Court of the United States. NIWAP assisted Jenner & Block LLP in developing and securing social science support in a brief filed to the Supreme Court of the United States on the question of credible testimony. The brief explained the impact of trauma on memory and ability to testify, other mental health conditions’ impact on memory and credibility, and credibility compared to truth.

Evidence and procedure Cross-forum Direct PDF
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NIWAP Library Amicus brief Oct 20, 2023

Nguyen v. INS, 2000

Nguyen v. INS, 2000 U.S. App. LEXIS 6860 (5th Cir. June 16, 2000) Filed an brief in support of a Petition of Certiorari to the United States Supreme Court (2000) in an equal protection clause challenge to a federal immigration law that treats foreign born out-of-wedlock children of citizen mothers differently from similarly situated children of citizen fathers for purposes of obtaining citizenship. (Legal Momentum)

Evidence and procedure Cross-forum Direct PDF
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