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 |
|---|---|---|---|---|
Sample Motion to Request Telephonic TestimonyCall and message your members of Congress telling them to oppose any effort to give ICE and Border Patrol more funding. Why it matters: Useful as a drafting starting point for Evidence / Procedure work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use. |
National Immigrant Justice Center National Direct PDF available |
Evidence and procedure
Immigration court
BIA
|
Jul 17, 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 | |
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 | |
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 | |
Practice Tip: Mandamus May Get Results When Nothing Else WorksThis Practice Tip demystifies mandamus by explaining how and when to ask a court for this remedy when a client has been waiting too long for USCIS to make a decision. 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
USCIS
|
Sep 14, 2016 | |
Practice Tip: Responding to a Request for EvidenceThis Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response. It also includes advice about how to review the RFE, prepare the client, assess the evidence, obtain additional evidence, and structure the response. While the immediate goal of an RFE response is to obtain petition approval, building a strong administrative record is crucial if federal court review becomes a mu 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
Evidence and procedure
Cross-forum
|
Aug 10, 2016 | |
Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court BacklogThe immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD. 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
Evidence and procedure
Immigration court
|
Jul 18, 2016 | |
How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration CaseThis Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on BIA Appeals; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
BIA appeals
Federal court
Evidence and procedure
BIA
Court of appeals
|
Jul 14, 2016 | |
How to File a Petition for ReviewNoncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review. 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
BIA appeals
Federal court
Evidence and procedure
BIA
Court of appeals
|
Jul 14, 2016 | |
Motions to Suppress in Removal Proceedings: A General OverviewThis 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. 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
|
Jul 14, 2016 | |
Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment ViolationsThis Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law. 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
|
Jul 14, 2016 |