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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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National Immigration Project Practice advisory Jun 25, 2020

Practice Advisory: Avoiding the Stop-Time Rule after Barton v. Barr

This practice advisory discusses the implications of Barton v. Barr , 140 S. Ct. 1442 (2020), with strategic considerations for advocates representing lawful permanent residents (“LPRs”) in their immigration or criminal proceedings.

Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 24, 2020

Proving Medical and Psychological Hardship for Non-LPR Cancellation of Removal

Non-LPR Cancellation of Removal is an important deportation defense for eligible individuals in removal proceedings who have resided in the United States for many years. Proving “exceptional and extremely unusual” hardship to a qualifying relative can be difficult, but when medical or psychological conditions are present, they are often the strongest hardship factor. This advisory explains how to meet the requisite hardship burden in Non-LPR Cancellation cases by demonstrating medical and psycho

Removal defense Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 11, 2020

Practice Advisory: Nasrallah v. Barr: Judicial Review over CAT Decisions

On June 1, 2020, the Supreme Court issued a positive decision in Nasrallah v. Barr , 590 U.S. __ (2020). The question in Nasrallah was whether the jurisdiction stripping language in 8 U.S.C. § 1252(a)(2)(C) barred judicial review over factual challenges to denials of protection under the Convention Against Torture (“CAT”). The Court ruled the statute does not bar such review. This practice advisory provides an overview of the Nasrallah decision and describes the key implications of its holding.

Withholding / CAT Federal court Court of appeals Direct PDF
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National Immigration Project Practice advisory Jun 7, 2020

Practice Alert: Advising Non-Citizen Clients About their Right to Protest

The purpose of this practice advisory is to assist immigration attorneys who are advising their clients regarding their decision to participate in a protest or demonstration by providing a checklist of issues to consider and address. While the decision rests with the client, it is important to provide information so they may make an informed decision about their choice to participate and so they may understand the consequences of participating as well as measures they can take to minimize their

Evidence and procedure Cross-forum Direct PDF
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ASISTA Practice advisory May 12, 2020

COVID-19 Practice Pointer: Initial Filings of U/T visa petitions and VAWA self-petitions with U.S. Citizenship and Immigration Services (USCIS) (Current as of May 12, 2020)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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National Immigrant Justice Center Template motion May 7, 2020

Translation Form: Divorce Decree

Call and message your members of Congress telling them to oppose any effort to give ICE and Border Patrol more funding.

Evidence and procedure Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory May 6, 2020

Practice Alert: The Impact of Barton v. Barr on Eligibility for Cancellation of Removal

On April 23, 2020, the U.S. Supreme Court issued an adverse, 5-4 decision in Barton v. Barr , No. 18-725 (U.S. Apr. 23, 2020), a case regarding the “stop-time rule” and eligibility for cancellation of removal. The Court held that committing an offense “listed in” the inadmissibility grounds at INA § 212(a)(2) stops time for purposes of cancellation, even for an admitted LPR who cannot be charged as removable under the inadmissibility grounds. The Barton opinion will primarily limit eligibility f

Removal defense Waivers Cross-forum Direct PDF
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American Immigration Council Practice advisory Apr 22, 2020

Standards of Review Applied by the Board of Immigration Appeals

This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions. The advisory suggests arguments practitioners can make when the Board applies an incorrect standard of review. The advisory also includes an appendix containing citations to select circuit court decisions reversing agency decisions on this basis.

Removal defense BIA appeals Immigration court BIA Direct PDF
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