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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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Immigration court deadline 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190

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Immigrant Legal Resource Center Practice advisory Apr 14, 2021

Pereida v. Wilkinson and California Offenses

In Pereida v. Wilkinson, 141 S.Ct. 754 (March 4, 2021), the Supreme Court issued another opinion on the categorical approach, which is the analysis authorities use to decide whether a criminal conviction triggers removal grounds. Pereida focuses on the “modified” categorical approach, which is how courts approach a conviction under a statute that sets out multiple, separate, offenses (a “divisible” statute). Pereida overruled Marinelarena v. Barr , 930 F.3d 1039 (9th Cir. 2019) (en banc).

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 29, 2021

Liberian Refugee Immigration Fairness (LRIF) Act Extended to December 20, 2021

The Liberian Refugee Immigration Fairness Act (LRIF) created a limited-term program allowing many Liberians living in the United States to apply for permanent residence. Initially, LRIF’s application period opened on December 20, 2019 and was set to expire on December 20, 2020. On January 3, 2021, however, Congress passed the Consolidated Appropriations Act 2021, extending the application period for LRIF for another year, until December 20, 2021.

Asylum Cross-forum Direct PDF
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National Immigration Project Practice advisory Mar 24, 2021

Practice Advisory for Criminal Defense Attorneys: The Biden Administration’s Interim Enforcement Priorities

The purpose of this advisory is to identify issues and advocacy strategies for defense counsel representing noncitizen clients in light of this administration’s interim enforcement priorities memo, specifically in the context of assessing risks of potential immigration enforcement during and after a criminal case.

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 23, 2021

Advocating for Clients under the Biden Administration’s Interim Enforcement Priorities

ICE enforcement policies have changed under the Biden administration, and opened new opportunities to defend your clients from arrest, detention, and deportation. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the interim enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.

Removal defense Detention / bond Cross-forum Direct PDF
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National Immigration Project Template motion Mar 23, 2021

Requesting Attorneys’ Fees Under the Equal Access to Justice Act

This advisory discusses the deadline for filing an EAJA motion and the statutory requirements for eligibility. In addition, the advisory addresses procedural and substantive aspects of filing an EAJA motion, including assignment of fees to counsel and documenting and calculating fees.

Evidence and procedure Immigration court BIA Direct PDF
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ASISTA Practice advisory Mar 22, 2021

Practice Update: ICE Agrees Not to Remove, Deny Requests for Stay of Removal, or Oppose Continuances for U Visa Petitioners for 90 Days (March 22, 2021)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice manual Mar 19, 2021

USCIS Policy Manual Makes Sweeping Changes to Discretion

In 2020 and 2021, USCIS changed its interpretation of discretion in adjudication of immigration benefits in three separate releases of policy manual guidance. [i] These chapters add voluminous positive and negative discretionary factors that adjudicators are instructed to analyze in more than a dozen types of immigration benefits, including many categories of employment authorization, adjustment to permanent residence, temporary protected status and change of status applications.

Employment Adjustment of status USCIS Direct PDF
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Immigrant Legal Resource Center Sample brief Mar 16, 2021

TPS for Venezuela: An Overview

The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through September 5, 2021. This advisory provides an overview of the requirements and application process for TPS for Venezuela. It also includes a brief summary of Deferred Enforced Departure (DED) for Venezuela

Removal defense Special immigrant Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Mar 10, 2021

Overview of Pereida v. Wilkinson for Immigration and Criminal Defense Counsel

On March 4, 2021, the Supreme Court issued Pereida v. Wilkinson , No. 19-438 (2021), a 5-3 opinion damaging to noncitizens with past criminal convictions who intend or need to seek relief in removal proceedings. The decision creates a national rule concerning the impact of inconclusive criminal court plea and conviction documents for noncitizens applying for relief from removal in immigration proceedings, specifically in cases where the modified categorical approach applies. This practice alert

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Mar 9, 2021

H.R. 6 — The Dream and Promise Act of 2021 Bars to Receiving Status

This explainer discusses H.R. 6, which would create a pathway to citizenship for people who came to the United States before January 1, 2021, who were 18 years old or under when they arrived, who have stayed in the United States since they arrived, and who meet an additional education, work, or military service requirement. It would also create a pathway to citizenship for people who have been present in the United States for at least 3 years and who on January 1, 2017 had or were eligible for T

Naturalization Cross-forum Direct PDF
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