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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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Showing 25-36 of 130 resources.

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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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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 Resource directory Oct 20, 2023

The International Marriage Broker Regulation Act

European Connections & Tours, Inc. v. Gonzales , (April 24 2006) United States District Court For Northern District of Georgia. Legal Momentum/NOW, represented by Crowell and Moring, in publishing social science research, legislative history, and editorial assistance to the Tahirih Justice Center in an amicus brief submitted supporting the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equa

Family-based practice Federal court Federal district court
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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

Asylum BIA appeals Federal court BIA Court of appeals Direct PDF
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American Immigration Council Practice advisory Jun 20, 2023

A Step-by-Step Guide to Filing a FOIA Lawsuit

This Practice Advisory provides immigration practitioners with step-by-step instructions a bout how to file a laws uit under the Freedom of Information Act. The Advisory explains the preliminary steps that need to be completed before filing the lawsuit, the appropriate parties in a FOIA case, the proper venue for filing, the types of claims litigants may bring, how to file the complaint and supporting documents, and what to expect after the law suit is filed . Additionally, the Advisory contains

Removal defense Federal court Federal district court Direct PDF
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American Immigration Council Practice advisory Sep 14, 2022

Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation

This 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.

Federal court Federal district court Direct PDF
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National Immigration Project Practice advisory Jun 15, 2022

Practice Alert: Judge Tipton Issues Decision Vacating Mayorkas Enforcement Priorities Memo

On Friday, June 10, 2022, Judge Andrew Tipton of the U.S. District Court for the Southern District of Texas issued final judgment in Texas v. United States, No. 6:21-cv-0016, a lawsuit brought by Texas and Louisiana to challenge the Biden administration’s enforcement priorities, including the memo issued by Secretary Alejandro Mayorkas on September 30, 2021, “Guidelines for the Enforcement of Civil Immigration Law” (“Mayorkas Memo”). The order is the culmination of an ongoing effort by the attor

Federal court Federal district court Direct PDF
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American Immigration Council Practice advisory Oct 5, 2021

Immigration Lawsuits and the APA: The Basics of a District Court Action

This 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.

Federal court Evidence and procedure Federal district court Direct PDF
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