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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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Immigrant Legal Resource Center Practice advisory Oct 2, 2023

FOIA Requests at DHS

This practice advisory will review current practice in filing FOIA requests with DHS, including recent changes to FOIA filing with USCIS, ICE, CBP, and OBIM. Overall, DHS has been transitioning to online filing, but paper filing, including use of Form G-639, also remains an option. DHS revised the Form G-639 in November 2022. This advisory also describes the form revisions.

Evidence and procedure USCIS Direct PDF
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NIWAP Library Amicus brief Oct 2, 2023

United States v. State of Arizona and Janice K. Brewer Governor

United States v. State of Arizona and Janice K. Brewer Governor, United States Court of Appeals for the 9trh Circuit. (2010) Submitted an amicus brief in the 9th Circuit case in support of the United States position that Arizona law SB 1070 unconstitutionally interferes with federal immigration laws designed to help immigrant victims of domestic violence, sexual assault, human trafficking and other crimes. It undermines federal laws guaranteeing that all persons in the United States have access

Evidence and procedure BIA Court of appeals Direct PDF
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NIWAP Library Amicus brief Sep 21, 2023

Friendly House Et Al., V. Michael B. Whiting Et Al

Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’

Evidence and procedure Federal district court Direct PDF
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NIWAP Library Amicus brief Sep 21, 2023

Gabriel Perez Cruz v. Barr

Gabriel Perez Cruz v. Barr (2020) U.S. Court of Appeals 9th Circuit. NIWAP assisted the Family Violence Appellate Project in California in developing, securing social science support for and national sign ons from 16 organizations nationally for this 9th Circuit Amicus Brief in which we were represented by Haney and Boone LLP. The brief discussed the mental health impact of domestic violence and coercive control in abusive relationships and perpetrators who coerce their victims into committing c

Evidence and procedure BIA Court of appeals Direct PDF
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National Immigration Project Practice advisory Sep 15, 2023

Practice Advisory: Advocating for Prosecutorial Discretion Under the Biden Administration’s Prosecutorial Discretion Guidance

This practice advisory describes the Biden administration’s current prosecutorial discretion policy in the wake of the Supreme Court’s decision in United States v. Texas, 143 S. Ct. 1964 (2023), focusing on the 2021 "Mayorkas Memo" and the 2022 "Doyle Memo," both of which were reinstated following the Supreme Court's June 2023 decision. The practice advisory provides tips for practitioners advocating for prosecutorial discretion on behalf of noncitizens with Immigration and Customs Enforcement (

Evidence and procedure Cross-forum Direct PDF
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NIWAP Library Resource directory Sep 13, 2023

Violence Against Women Act-VAWA Self-Petitions, Suspension of Deportation and Cancellation of Removal

Esteban Cabezas (2010) Appeal to the United States Citizenship and Immigration Services Administrative Appeals Office. Amicus submitted by Legal Momentum, National Network to End Violence Against Immigrant Women, and represented by Andrew Taylor, of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigra

Removal defense Naturalization BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 14, 2023

Challenging an Immigration Judge's Adverse Credibility Finding with the Board of Immigration Appeals, Part Two

This is the second part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The two advisories should be read together, as neither part is complete on its own. This second part of the advisory discusses how to challenge adverse credibility findings based on a witness's demeanor or responsiveness; findings that are based on an immigration judge's speculation and conjecture, particularly regarding

BIA appeals Evidence and procedure Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 26, 2023

Challenging an Immigration Judge's Adverse Credibility Finding with the Board of Immigration Appeals, Part One

This is the first part of a two-part practice advisory on how to effectively challenge an immigration judge's adverse credibility finding with the Board of Immigration Appeals. The advisory guides practitioners on what constitutes a proper adverse credibility finding and what to do if the finding is unclear or improper. It then specifically identifies the most common bases for adverse credibility findings, with practical advice on how to challenge each type of finding per current case law.

BIA appeals Evidence and procedure Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Jun 23, 2023

Practice Advisory: United States v. Texas - The Supreme Court’s Decision on Biden’s Enforcement Priorities

On June 23, 2023, the Supreme Court issued a favorable decision in United States v. Texas , 599 U.S. (2023), a case brought by Texas and Louisiana challenging the Biden administration’s immigration enforcement priorities. The Court held that the States lack Article III standing to challenge the priorities. All of the Justices, except Alito, agreed with the outcome. This practice alert breaks down the decision.

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 20, 2023

How to Analyze a Crim-Imm Case: Four Questions to Identify Case Goals

Immigration and crimes, or “crim-imm,” can be challenging. Both immigration and criminal law are difficult on their own. To do crim-imm work, advocates who are expert in one area must learn at least something about law and procedure in the other. It can be hard to know where to start the analysis.

Crimes and categorical approach Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory Mar 2, 2023

Undesignated (Tier III) Terrorist Organization Tracker

In 2001, the USA PATRIOT Act introduced a sweeping definition of "terrorist organization" into the Immigration and Nationality Act. 8 U.S.C. § 1182(a)(3)(B)(vi)(III). Immigration advocates report that it has resulted in unjust and discriminatory targeting of applicants for immigration benefits-including penalizing applicants for affiliating with U.S.-allied groups. Under this three-part classification system, groups that are considered to be " Tier I " and " Tier II " terrorist organizations ar

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 5, 2023

Introduction to Federal Rulemaking and Public Participation

Federal Rulemaking is one of the most direct ways that the public can participate and shape policies and practices of executive agencies. Federal regulations govern the executive agencies charged with enforcing the United States’ immigration laws and granting immigration benefits to eligible applicants. However, the process of Federal Rulemaking is often misunderstood and public participation in the process is under-utilized. This practice advisory provides an overview of the federal regulatory

Evidence and procedure Cross-forum Direct PDF
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