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.
Filters
| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
Guerrero-Lasprilla v. Barr: Implications for Judicial ReviewThis Practice Advisory helps immigration attorneys who file petitions for review to challenge removal orders in the circuit courts. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Federal court
Court of appeals
|
Mar 31, 2020 | |
Administrative Closure Post -Castro-TumThis practice advisory provides a brief overview of administrative closure and explains the impact of that decision on the future availability of administrative closure, as well as on cases that are currently administratively closed. The advisory suggests arguments challenging Matter of Castro-Tum that noncitizens may consider making in support of administrative closure of their cases. Finally, it discusses alternative mechanisms to dispose of or hold in abeyance proceedings in appropriate cases Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Evidence / Procedure; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Evidence and procedure
Cross-forum
|
Oct 22, 2019 | |
Agency Delay Litigation: Opposing a Motion to DismissThis practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments, with supporting authority, that can be made in response. It provides: Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Federal court
Cross-forum
|
Oct 3, 2019 | |
Raids Response Materials for Individuals with Final Removal OrdersIn 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 Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Motions to reopen / reconsider
BIA appeals
Immigration court
BIA
|
Jul 11, 2019 | |
Reinstatement of Removal“Reinstatement of removal” is a summary removal procedure pursuant to § 241(a)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1231(a)(5), 8 C.F.R. § 241.8. With limited statutory and judicial exceptions, the reinstatement statute applies to noncitizens who return to the United States without authorization after having been removed under a prior order of deportation, exclusion, or removal. Reinstatement orders can be issued anywhere in the United States and can be issued against nonc Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Evidence and procedure
Cross-forum
|
May 23, 2019 | |
Court Decision Ensures Timely Adjudication of Employment Applications Filed by Initial Asylum ApplicantsOn July 26, 2018, in a national class action, the U.S. District Court for the Western District of Washington ruled that the U.S. Citizenship and Immigration Services (USCIS) must adjudicate asylum applicants’ initial (first time) applications for employment authorization documents (EADs) within 30 days. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Asylum; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Asylum
Employment
Naturalization
Federal court
USCIS
Federal district court
|
Mar 15, 2019 | |
Notices to AppearThis Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens. It provides an overview of the legal requirements for a Notice to Appear (NTA) and strategies available to attorneys to cancel, mitigate, or challenge the contents of an NTA. In addition to presenting legal and procedural arguments, the Advisory provides strategies to attorneys wishing to seek prosecutorial discretion in connection with the NTA. The Advisory was originally drafte Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Cross-forum
|
Feb 27, 2019 | |
Motions for a ContinuanceThis 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 Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Evidence and procedure
Immigration court
|
Sep 10, 2018 | |
Bivens Basics : An Introductory Guide for Immigration AttorneysUnder the Supreme Court’s decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971), individuals—including noncitizens or those whom the government perceives to be noncitizens—may have access to a judicial remedy for conduct by federal agents that violates the U.S. Constitution. Although litigating Bivens claims in the immigration context has become increasingly challenging in recent years, a successful claim could result in compensatory and/or punitive Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Evidence / Procedure; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Evidence and procedure
Cross-forum
|
Aug 20, 2018 | |
Strategies and Considerations in the Wake of Pereira v. SessionsIn Pereira v. Sessions , the Court held that service of a defective Notice to Appear does not cut off eligibility for cancellation of removal. The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective Notices to Appear. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Cross-forum
|
Jul 18, 2018 | |
The Basics of Motions to Reopen EOIR-Issued Removal OrdersThis 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. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Motions to reopen / reconsider
BIA appeals
Immigration court
BIA
|
Feb 6, 2018 | |
Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border ProtectionThis Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Evidence and procedure
Cross-forum
|
Aug 1, 2017 |