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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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American Immigration Council Practice advisory Jul 14, 2016

Inspection and Entry at a Port of Entry: When is there an Admission?

This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.

Removal defense Adjustment of status Naturalization Cross-forum Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Introduction to Habeas Corpus

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

Federal court Federal district court Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Judicial Review Provisions of The REAL ID Act

On May 11, 2005, the REAL ID Act was signed into law. This Act contains numerous provisions related to federal court review of immigration cases. This Practice Advisory discusses the provisions of the Act that pertain to judicial review of immigration decisions under the INA.

Removal defense Federal court Court of appeals Direct PDF
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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
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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
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American Immigration Council Practice advisory Jul 14, 2016

Screening Potential DACA Requestors for Other Forms of Relief

This Practice Advisory is designed to assist attorneys without significant expertise in immigration law in determining whether individuals seeking Deferred Action for Childhood Arrivals (DACA) might be eligible for immigration benefits that are more lasting and concrete than DACA. The forms of relief discussed in this Practice Advisory include adjustment of status, U and T visas, asylum, special immigrant juvenile status, and more. The appendix includes a questionnaire that may be helpful in ide

Asylum Adjustment of status Consular practice Cross-forum Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court

This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court.

Federal court Court of appeals Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

The Child Status Protection Act

This Practice Advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts.

Removal defense BIA appeals Consular practice USCIS BIA Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings

This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.

Crimes and categorical approach Federal court Federal district court Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review

This Practice Advisory examines how the courts and the agencies apply the fugitive disentitlement doctrine which arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.

BIA appeals BIA Direct PDF
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