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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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Topic: Removal defense Clear

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Showing 25-36 of 233 resources.

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National Immigration Project Practice advisory Apr 15, 2025

Practice Advisory: Navigating the Removal Proceedings of J.O.P. Class Members and Other Asylum Seekers with Prior Unaccompanied Child Determinations

This practice advisory provides strategies for practitioners to navigate removal proceedings for J.O.P. class members and other asylum seekers with prior unaccompanied child determinations in light of three recent legal developments: (1) the 2024 J.O.P. Settlement Agreement, (2) final Executive Office for Immigration Review regulations issued in 2024, and (3) a 2025 USCIS memorandum implementing the J.O.P. Settlement Agreement.

Asylum Removal defense Children and SIJS USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 3, 2025

Quick Guide: Defending SIJS Clients in Removal Proceedings

This practice advisory, authored with our partners at the End SIJS Backlog Coalition, Children's Immigration Law Academy, National Immigration Project, and Safe Passage Project, offers strategies at every stage of an SIJS client’s removal proceedings to advocate against the client’s removal and to preserve the record for appeal, including:

Removal defense BIA appeals Special immigrant Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Apr 2, 2025

Quick Guide: Defending SIJS Clients in Removal Proceedings

This practice advisory, created by The End SIJS Backlog Coalition, is intended to help practitioners navigate removal proceedings for clients with pending or approved SIJS. It offers strategies at every stage of an SIJS client’s removal proceedings to advocate against the client’s removal and to preserve the record for appeal. Section II covers strategies for pleading to the Notice to Appear. Section III discusses challenging the Department of Homeland Security’s evidence of removability. Sectio

Removal defense BIA appeals Special immigrant Immigration court BIA Direct PDF
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National Immigration Project Template motion Feb 28, 2025

Template Opposition to DHS Motion to Dismiss to Pursue Expedited Removal

On January 21, 2025, the Trump administration expanded the scope of expedited removal to its statutory maximum, to include certain noncitizens not admitted or paroled who cannot prove they have been continuously present in the United States for at least two years. DHS, Designating Aliens for Expedited Removal, 90 Fed. Reg. 8139 (Jan. 24, 2025). Several days later, DHS issued a memo directing DHS attorneys to consider moving to terminate ongoing removal proceedings in order to pursue expedited re

Removal defense Detention / bond Immigration court BIA Direct PDF
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Immigration Equality Practice advisory Feb 11, 2025

Attorneys, Advise Your Clients of Their Rights

Last Updated February 11, 2025 The Trump administration has been targeting immigrant and LGBTQ communities through a slate of Executive Orders designed to erase transgender, non-binary and intersex identities, decimate asylum and refugee protections, and fast track mass deportations. The orders are unprecedented in their scope. Many are blatantly illegal, some unconstitutional, but virtually all harm the LGBTQ and HIV-positive immigrants, families, and communities we serve. Our clients are under

Asylum Removal defense Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 10, 2025

N-400 Documentation Guide

In 2024, USCIS issued a new Form N-400, Application for Naturalization, with more lengthy and complicated instructions on evidence that could be included. This guide will help practitioners understand what documents naturalization applicants must submit to the USCIS to accept and adjudicate the N-400 form and when to submit each document.

Removal defense Naturalization Evidence and procedure USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 5, 2025

Seeking Administrative Closure and Termination: Using New EOIR Regulations in a Hostile Enforcement Environment

New EOIR regulations published in 2024 now allow immigration judges and the BIA to administratively close or terminate removal proceedings in a variety of scenarios. These regulations permit—and sometimes require—administrative closure or termination even where the Department of Homeland Security does not agree. In the current hostile enforcement environment, and in light of the rescission of formal guidance regarding prosecutorial discretion, these regulations are an important tool for advocate

Removal defense BIA appeals Immigration court BIA Direct PDF
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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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American Immigration Council Practice advisory Jan 15, 2025

Judicial Review of Visa Decisions After the Supreme Court’s Decision in Department of State v. Muñoz

In Department of State v. Muñoz , 602 U.S. 899 (2024), the U.S. Supreme Court concluded that a U.S. citizen and her noncitizen spouse had no access to judicial review of a consular officer’s denial of an immigrant visa. The Court held that a U.S. citizen has no “fundamental liberty interest” i n her spouse’s admission to the United States. This practice advisory, by the American Immigration Council, the International Refugee Assistance Project, and the Consular Accountability Project, is intende

Asylum Removal defense Family-based practice Court of appeals Consular processing Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 15, 2024

Prosecutorial Discretion in Removal Proceedings Part 1: Strategies for Seeking Prosecutorial Discretion During Uncertain Times

Part 1 of this 2-part advisory provides updates on DHS’s prosecutorial discretion in removal proceedings and explores the various factors that advocates should consider when deciding whether to seek a favorable exercise of discretion from the ICE Office of the Principal Legal Advisor (OPLA). Part 1 also highlights new regulations and discusses how the upcoming presidential election may impact prosecutorial discretion.

Removal defense Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 15, 2024

Prosecutorial Discretion in Removal Proceedings Part 2: Navigating Unfavorable Exercises of Discretion in Removal Proceedings

Part 2 of this 2-part advisory explores some of the unexpected consequences of PD policies adopted by the ICE Office of the Principal Legal Advisor (OPLA) that can prejudice noncitizens in removal proceedings, including the practice of moving to dismiss proceedings over respondents’ objections and failing to appear at hearings.

Removal defense Cross-forum Direct PDF
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