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 |
|---|---|---|---|---|
Obiaga and Berrocal v. AshcroftObiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild). 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
BIA appeals
VAWA / U / T
BIA
Court of appeals
|
Oct 24, 2023 | |
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 | |
Romain v NapolitanoRomain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant Why it matters: Useful as an amicus or advocacy example on VAWA / U / T; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
VAWA / U / T
BIA
Federal district court
|
Oct 6, 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 | |
Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-SuazoFrancisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo Emergency petition for writ of superintending control to the New Mexico Supreme Court in a sexual assault case in which a state court judges ordered U visa applicant victims to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected case in violation of federal law. NIWAP is being represented in this appeal by Skadden, Why it matters: Useful as an amicus or advocacy example on VAWA / U / T; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
VAWA / U / T
Children and SIJS
BIA
|
Oct 2, 2023 | |
Hawke v. Department of Homeland SecurityHawke v. Department of Homeland Security, the United States District Court for the District of Northern California (September 29, 2008). Filed an amicus brief discussing the history and purpose of VAWA Confidentiality created in 1996 (expanded in 2000 and 2005) as Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). In this case of first impression, the Court clarified that VAWA confidentiality provisions protect victims filing for VAWA immigration r Why it matters: Useful as an amicus or advocacy example on VAWA / U / T; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
VAWA / U / T
Federal district court
|
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 |