Practice Advisories & Brief Bank

Public immigration practice advisories, sample briefs, template motions, amicus briefs, and government guidance, organized in one searchable index and linked to the original host.

212 resources 12 sources 19 topics 177 direct PDFs

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All resources 212 Practice advisory 77 Sample brief 26 Template motion 19 Amicus brief 65 Resource directory 25

Removal defense 71 Evidence and procedure 51 VAWA / U / T 50 Federal court 40 BIA appeals 36 Asylum 34 Children and SIJS 25 Family-based practice 21 Special immigrant 17 Consular practice 11 Crimes and categorical approach 11 Employment 11 Detention / bond 10 Adjustment of status 8 Motions to reopen / reconsider 6 Naturalization 6 Entry and admission 4 Waivers 3 Withholding / CAT 2

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Showing 25-36 of 40 resources.

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Resource	Source	Topics	Date	Links
Agency Delay Litigation: Opposing a Motion to Dismiss Practice advisory This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments, with supporting authority, that can be made in response. It provides: Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Federal court Cross-forum	Oct 3, 2019	View record Official source ↗ PDF ↗
Court Decision Ensures Timely Adjudication of Employment Applications Filed by Initial Asylum Applicants Practice advisory On July 26, 2018, in a national class action, the U.S. District Court for the Western District of Washington ruled that the U.S. Citizenship and Immigration Services (USCIS) must adjudicate asylum applicants’ initial (first time) applications for employment authorization documents (EADs) within 30 days. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Asylum; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Asylum Employment Naturalization Federal court USCIS Federal district court	Mar 15, 2019	View record Official source ↗ PDF ↗
Jae Lee v. U.S.: Establishing Prejudice Under Padilla v. Kentucky Practice advisory Explains how Jae Lee fits into Padilla prejudice litigation and how to use the decision when immigration consequences drove the plea decision. Why it matters: Still worth keeping in the database because Padilla-prejudice questions remain common and this is a practical bridge between criminal and immigration strategy.	Immigrant Defense Project National Direct PDF available	Crimes and categorical approach Federal court Federal district court Court of appeals	Jul 7, 2017	View record Official source ↗ PDF ↗
Practice Tip: Building the Record for Employment-Based Petitions Practice advisory We encourage business immigration practitioners to consider using litigation as a tool to achieve client objectives. This Practice Tip outlines how you can build a strong administrative record to set the stage for challenging the denial of a client’s visa petition in federal court. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Employment; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Employment Federal court Consular practice Cross-forum	Aug 10, 2016	View record Official source ↗ PDF ↗
Practice Tip: Responding to a Request for Evidence Practice advisory This Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response. It also includes advice about how to review the RFE, prepare the client, assess the evidence, obtain additional evidence, and structure the response. While the immediate goal of an RFE response is to obtain petition approval, building a strong administrative record is crucial if federal court review becomes a mu Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Federal court Evidence and procedure Cross-forum	Aug 10, 2016	View record Official source ↗ PDF ↗
Finality of Removal Orders for Judicial Review Purposes Practice advisory The Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense BIA appeals Federal court Immigration court BIA Court of appeals	Jul 14, 2016	View record Official source ↗ PDF ↗
How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration Case Practice advisory This Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on BIA Appeals; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	BIA appeals Federal court Evidence and procedure BIA Court of appeals	Jul 14, 2016	View record Official source ↗ PDF ↗
How to File a Petition for Review Practice advisory Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense BIA appeals Federal court Evidence and procedure BIA Court of appeals	Jul 14, 2016	View record Official source ↗ PDF ↗
How to Get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application Practice advisory Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Naturalization; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Naturalization Federal court USCIS Federal district court	Jul 14, 2016	View record Official source ↗ PDF ↗
Introduction to Habeas Corpus Practice advisory This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Federal court Federal district court	Jul 14, 2016	View record Official source ↗ PDF ↗
Judicial Review Provisions of The REAL ID Act Practice advisory On May 11, 2005, the REAL ID Act was signed into law. This Act contains numerous provisions related to federal court review of immigration cases. This Practice Advisory discusses the provisions of the Act that pertain to judicial review of immigration decisions under the INA. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense Federal court Court of appeals	Jul 14, 2016	View record Official source ↗ PDF ↗
Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court Practice advisory This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Federal court Court of appeals	Jul 14, 2016	View record Official source ↗ PDF ↗