BIA Edge

Practice resources

Practice resources

Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

More filters
Clear all
892 resources 24 sources 826 direct files
Common starting points
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
Topic: Crimes and categorical approach Clear

Results

Showing 37-48 of 135 resources.

Sorted by Newest first
Immigrant Legal Resource Center Practice advisory Oct 5, 2021

How to Use the Categorical Approach Now (2021)

With a few exceptions, immigration authorities must use the “categorical approach” to determine whether a criminal conviction triggers a ground of removal. Expert use of the categorical approach may be the most important defense strategy available to immigrants charged with or convicted of crimes. This Update of our long-running article includes discussion of Pereida v. Wilkinson, 141 S.Ct. 754 (2021).

Removal defense Crimes and categorical approach Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Jun 22, 2021

All Those Rules About Crimes Involving Moral Turpitude (June 2021)

A conviction of a crime involving moral turpitude (CIMT) may or may not hurt an immigrant, depending on a number of factors set out in the Immigration and Nationality Act: the number of CIMT convictions, the potential and actual sentence, when the person committed or was convicted of the offense, and the person’s immigration situation. A single CIMT conviction might cause no damage, or it might cause a variety of penalties ranging from deportability to ineligibility for relief to mandatory deten

Crimes and categorical approach Cross-forum Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Jun 22, 2021

Borden v. United States: Supreme Court Limits Scope of “Crimes of Violence”

This practice advisory explains how Borden v. United States affects the definition of a ‘crime of violence’ for immigration law purposes. Borden effectively held that the definition of a “crime of violence” under 18 U.S.C. § 16(a), relevant to both the aggravated felony crime of violence and crime of domestic violence deportability grounds, excludes crimes with a recklessness mens rea. Borden reverses adverse case law in the Fifth, Sixth, Eighth, and Tenth circuits. The advisory also includes a

Crimes and categorical approach Court of appeals Direct PDF
Direct PDF Source page Record
Immigrant Defense Project Practice advisory Jun 22, 2021

Practice Advisory: Overview of Borden v. United States for Immigration Counsel (June 22, 2021) (by IDP, NIP-NLG, and NILA)

^��ľ�{��� )VYu������5&�lV.V�# ���j�W�h��ꮭ��4#陁�큖 F\�$�$��!N�Y��� )�|(�S��j�T?��x���T*U$�Ō����w��K8�������>�q���qy]>�F�'Rb2A+�'�ᕖ��BZ*�%HJl)�@��=;w�e�F���Q��Ξ�@�uQ���rZ9� �v' [ v $H�l�ܝMin���z�Ȳ�>�k� KŒ@��}W��>47�����׬͖&:O� ��__[�7k ��$i�m~�Z����*%�h�0 3�B�[�3p������=�Ox^u����� �v�V�5U��_ujo3���g�����Q�8�]Jmo�v^k�F�Vq���� u�� v�q�n�RKk��"Y8Kk4⫙� ��^\#v��lm���)�S-� �i���Ka�K��ip6ʋ�i&��CF�� h�]��d ��V��Q�sCq��X��fk!�*�s��L�{�V�d���5�Y oHό��&�1��Hk6%C� �LM����'���U;u�pM

Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Jun 18, 2021

2021 California Laws That Can Help Immigrants Charged with or Convicted of Crimes

On January 1, 2021, multiple California criminal reform laws took effect. These laws were passed to help all defendants regardless of immigration status, but they can be of special help to noncitizens. Advocates should understand how these laws may help a client’s immigration case. They include:

Crimes and categorical approach Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Jun 3, 2021

Immigration Consequences of Pretrial Diversion and Intervention Agreements

Immigration law has its own definition of what constitutes a criminal conviction. The Board of Immigration Appeals (BIA) and other courts have held that certain types of pretrial diversion and intervention agreements that result in dismissal under state law can still constitute a conviction for immigration purposes. Practitioners must pay close attention to the structure of such agreements, and the variety of available diversion programs, when evaluating a client’s criminal history and advising

Crimes and categorical approach BIA appeals BIA Direct PDF
Direct PDF Source page Record
Immigrant Defense Project Practice advisory Jun 3, 2021

Practice Advisory: “Realistic Probability” in Immigration Categorical Approach Cases (June 3, 2021) (by IDP and NIP-NLG)

�[��m"1���e<�܊_��Ռ�;x;W��;{���� G�1M�$0�͏}1�&Uv�  PA#љeb�P���]� �fM����ct���g���9�O#9�,(�Y�'��$kp��}S�Eaw�< �-���2�Z�,�u�ꆵ�*��-�XPV�Z��§�QPg�d��:���= OX�e]�Mg��n�YW�;��c��=1`�.�3N�׵����*Q ��Lܞ�/5�'MMĖ�V � ����� ׵'\�ڂ���q(��2[gO�mYu���>�]��/�%�V�A#���Ϊ8���Ň�o�1|�u�#'L<�^���JM�Ժ�y����Zz�촤+Zu�lw�w�[=y,��2Z�Տ���t[��`+�L�6���`�-� ^�������AfBg�۵� ��P�i�{�_���\�'k�=�vU�!y*A���2�!_��AÒ;�� �(:Z��^��0v�c�}l ثe��_����'6�r�/,$zd�Z�"B���k�'hyH ��:��}�&�

Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory May 31, 2021

Practice Alert Update: Proposed Criminal Bars to Asylum - Current Status of Regulations Governing Eligibility for Asylum and (c)(8) EAD

On July 9, 2020, NIPNLG published a Practice Alert examining the intersection of the criminal bars proposed in those regulations. In the latter half of 2020, final versions of all three proposed rules were issued, and were subsequently challenged in litigation before their effective dates. This Practice Alert provides an update on the current status of the rules as they apply to asylum seekers with criminal contacts in light of the litigation developments. As these proceedings are ongoing, this

Asylum Removal defense Crimes and categorical approach Cross-forum Direct PDF
Direct PDF Source page Record
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
Direct PDF Source page Record
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
Direct PDF Source page Record