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.
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| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
Rosalina Lopez-UmanzorRosalina Lopez-Umanzor, Board of Immigration Appeals (2004) and the U.C. Court of Appeals for the 9th Circuit (2004). Amicus briefs discussing violations of a victim’s due process rights when an immigration judge denies the victim the opportunity to present expert testimony on domestic violence in a cancellation of removal case and presenting social science data that influences how judges should make credibility determinations in VAWA cancellation of removal cases (Kirkpatrick and Lockhart, Pro Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Removal defense
VAWA / U / T
Immigration court
BIA
Court of appeals
|
Oct 24, 2023 | |
Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick GarlandGeidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court of Rhode Island. NIWAP, represented by Crowell and Moring, led an amicus brief that was joined by Harvard Law School professors and clinics, the ACLU, the Rhode Island Coalition Against Domestic Violence, and all of the major women shelters in Rhode Island. This brief argued that USCIS had misinterpreted VAWA 2000 amendments that were designed to allow VAWA self petitioners to divorce, Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
VAWA / U / T
USCIS
Federal district court
|
Oct 11, 2023 | |
Esteban CabezasEsteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) 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 immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono) Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
VAWA / U / T
BIA
|
Oct 2, 2023 | |
KewanKewan, U.S. Court of Appeals for the 9th Circuit (2005). Amicus brief discussing research data and the dynamics of domestic violence against male victims and VAWA’s gender neutrality offering protection to both male and female victims. (Northwest Immigrant Rights Project) Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Removal defense
VAWA / U / T
BIA
Court of appeals
|
Oct 2, 2023 | |
Leiva-Mendoza v. HolderLeiva-Mendoza v. Holder, United States Court Of Appeals For The 8th Circuit (April 2 2011) discusses how a child’s witnessing of serious domestic violence perpetrated against their parent is a basis for granting VAWA cancellation of removal to children who witness domestic violence perpetrated against their parent even in cases in which the children have not themselves been abused. This amicus brief provided the court with the relevant research data on harm to children of witnessing abuse in the Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 8th Circuit Direct PDF available |
Removal defense
VAWA / U / T
BIA
Court of appeals
|
Oct 2, 2023 | |
Ramirez-AvilaRamirez-Avila, Board of Immigration Appeals (2007). Amicus brief discussing the Violence Against Women Act’s lesser extreme hardship standard and the approach to be taken in VAWA cancellation of removal cases with regard to good moral character. (Arnold and Porter, Pro Bono). Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
VAWA / U / T
BIA
|
Sep 13, 2023 | |
Sanchez v. GonzalezSanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistan Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 7th Circuit Direct PDF available |
Removal defense
VAWA / U / T
BIA
Court of appeals
|
Sep 13, 2023 | |
Violence Against Women Act-VAWA Self-Petitions, Suspension of Deportation and Cancellation of RemovalEsteban 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 Why it matters: Useful as a source-specific directory when you want a quick way to browse Removal Defense materials without searching the entire site. |
NIWAP Library National Direct PDF available |
Removal defense
Naturalization
BIA appeals
VAWA / U / T
Evidence and procedure
BIA
|
Sep 13, 2023 | |
A Step-by-Step Guide to Filing a FOIA LawsuitThis 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 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
Federal district court
|
Jun 20, 2023 | |
Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay CasesPractitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions. It also discusses the advantages of an Administrative Procedure Act cause of action and offers considerations for demonstrating unreasonable delay. The practice tip al 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
Consular practice
Evidence and procedure
Consular processing
|
Dec 16, 2022 | |
Matter of LaparraIn 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 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
Motions to reopen / reconsider
BIA appeals
BIA
|
Feb 8, 2022 | |
Laura Luis Hernandez v. AshcroftAmicus Brief on Extreme Cruelty filed in the 9th Circuit on a VAWA suspension of deportation case. Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Removal defense
VAWA / U / T
Court of appeals
|
Dec 9, 2021 |