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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 Workflow: Motions, stays, and pretermission Clear

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Immigrant Legal Resource Center Template motion Apr 2, 2020

Motions with the BIA

This advisory provides an overview of the most common types of motions filed with the Board of Immigration Appeals. It discusses the types of motions the Board will accept while proceedings are pending before it, such as motions to remand. It also discusses motions filed with the Board after it has issued a final order of removal, which includes motions to reconsider and motions to reopen. It contains guidelines on determining what type of motion is appropriate in specific circumstances and how

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
Immigrant Legal Resource Center Template motion Mar 27, 2020

Understanding I-212s for Inadmissibility Related to Prior Removal Orders and the Permanent Bar

This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering other inadmissibility or enforcement issues when advising clients.

Removal defense Motions to reopen / reconsider Detention / bond Immigration court BIA Direct PDF
American Immigration Council Practice advisory Jul 11, 2019

Raids Response Materials for Individuals with Final Removal Orders

In anticipation of widespread raids in July 2019, the American Immigration Council has prepared template materials to assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review. ¹ Materials include templates of: (1) a general skeletal motion to reopen a removal order and motion to stay removal for filing with the Board of Immigration Appeals (BIA) or immigration court (for pro se and represented cases); (2) a skeletal motion to resci

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
American Immigration Council Practice advisory Sep 10, 2018

Motions for a Continuance

This Practice Advisory provides a practitioner-focused overview of motions to continue a case in removal proceedings, from the basics of making a continuance motion to jurisdictional bars to appellate review of continuances. It provides an overview of continuance practice in immigration court, summarizing guidance from the Executive Office for Immigration Review discouraging the use of continuances and case law establishing scenarios where continuances are appropriate. It also sets forth strateg

Removal defense Evidence and procedure Immigration court Direct PDF
National Immigration Project Template motion Apr 25, 2018

Sessions v. Dimaya: Supreme Court strikes down 18 U.S.C. § 16(b) as void for vagueness

In this advisory, we review the Supreme Court’s decision in Dimaya (see Section I) and what the decision may mean for others charged with other similarly nebulous removal grounds (see Section II). We also discuss suggested strategies and provide a sample motion to reconsider for cases affected by Dimaya, which should be filed by May 17, 2018. (see Section III).

Removal defense Motions to reopen / reconsider Immigration court BIA Direct PDF
American Immigration Council Practice advisory Feb 6, 2018

The Basics of Motions to Reopen EOIR-Issued Removal Orders

This practice advisory provides a basic overview of motions to reopen removal orders that are filed with the Executive Office for Immigration Review (EOIR), which consists of immigration courts throughout the country and the Board of Immigration Appeals, located in Falls, Church Virginia. The advisory also provides basic information about how to seek a stay in conjunction with the filing of a motion to reopen.

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

Motions to Suppress in Removal Proceedings: A General Overview

This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.

Removal defense Evidence and procedure Cross-forum Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

Return to the United States After Prevailing on a Petition for Review or Motion to Reopen

This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals.

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
National Immigration Project Practice advisory Apr 17, 2015

Practice Advisory: Return to the United States After Prevailing on a Petition for Review or Motion to Reopen or Reconsider

This practice advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or a motion to reopen or reconsider to the immigration court or Board of Immigration Appeals (BIA).

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF