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
918 resources 24 sources 848 direct files
Common starting points
Immigration court deadline 624 Asylum merits package 95 Motions, stays, and pretermission 139 Bond, detention, and habeas 85 BIA, PFR, and federal court 466 USCIS and AAO appeals 214 Crim-imm screening 158 VAWA, U, T, and survivor relief 197
Topic: Federal court Clear

Results

Showing 37-48 of 135 resources.

Sorted by Newest first
American Immigration Council Practice advisory Sep 14, 2022

Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation

This Practice Advisory addresses who is the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. The Advisory covers whom to sue in specific types of immigration-related actions, including mandamus, Federal Tort Claims Acts (and administrative claims), Bivens, and habeas actions.

Federal court Federal district court Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Jun 15, 2022

Practice Alert: Judge Tipton Issues Decision Vacating Mayorkas Enforcement Priorities Memo

On Friday, June 10, 2022, Judge Andrew Tipton of the U.S. District Court for the Southern District of Texas issued final judgment in Texas v. United States, No. 6:21-cv-0016, a lawsuit brought by Texas and Louisiana to challenge the Biden administration’s enforcement priorities, including the memo issued by Secretary Alejandro Mayorkas on September 30, 2021, “Guidelines for the Enforcement of Civil Immigration Law” (“Mayorkas Memo”). The order is the culmination of an ongoing effort by the attor

Federal court Federal district court Direct PDF
Direct PDF Source page Record
American Immigration Council Practice advisory Oct 5, 2021

Immigration Lawsuits and the APA: The Basics of a District Court Action

This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action.

Federal court Evidence and procedure Federal district court Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Sample brief Sep 23, 2021

Enforcement Priorities Litigation Update: September 2021

There have been many recent developments regarding the litigation challenges to the Department of Homeland Security enforcement priorities. This brief guide provides a quick summary to help you keep up. In short, the Enforcement Priorities are currently still in effect, although a change could come within the next few weeks. Below you will additionally find the Fifth Circuit’s temporary stay of the lower federal district court’s preliminary injunction order. While these issues are quickly moving

Federal court Federal district court Court of appeals Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Jun 24, 2021

Overview and Cost of Common Immigration Remedies for Youth

Children and youth compose a significant portion of the U.S. immigrant population and often qualify for various forms of immigration relief, many of which involve an application filing fee. Under the Trump administration, USCIS promulgated a final rule intended to dramatically raise fees for many immigration application forms, including those available to young people, and would have limited access to fee waivers. The rule was blocked by federal courts, and after President Biden took office, the

Waivers Federal court Children and SIJS USCIS Direct PDF
Direct PDF Source page Record
American Immigration Council Practice advisory Jun 4, 2021

Freedom of Information Act and Immigration Agencies

This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. It discusses the exemptions from FOIA that agencies are most likely to invoke in immigration cases, and lays out the basics of bringing a federal district court challenge to an agency’s failure to disclose certain documents. In addition, the Practice Advisory collects the FOIA policies of the most relevant immigration agencies i

BIA appeals Federal court BIA Federal district court Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Apr 14, 2021

Determining Deferred Action for Childhood Arrivals (DACA) Eligibility

This practice advisory reviews the general eligibility requirements for DACA, as well as issues advocates should look out for when determining eligibility. There has been a lot of interest from community members and advocates in the DACA program since the program was reinstated by a federal court for DACA initial applications in November of 2020. This advisory offers information to guide advocates as they determine eligibility.

Federal court Children and SIJS Cross-forum Direct PDF
Direct PDF Source page Record
American Immigration Council Practice advisory Feb 22, 2021

Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the Case

This Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the Administrative Procedure Act (APA). It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise.

Federal court Evidence and procedure Federal district court Direct PDF
Direct PDF Source page Record
American Immigration Council Practice advisory Nov 20, 2020

Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?

This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act (APA) — such as a complaint challenging an employment-based immigration petition denial : “I just received the government’s answer. Now what ?” It explains next steps: the government’s filing of the certified administrative record followed by the parties moving for summary judgment. The practice tip also explains ho

Employment Federal court Evidence and procedure Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Oct 2, 2020

USCIS Fee Rule Enjoined September 29, 2020

Alert : On September 29, 2020 the Fee Rule was enjoined nation-wide in its entirety by a District court in the Northern District of California, ILRC et al. v. Chad F. Wolf, et al . (ND California) (Case 4:20-cv-05883-JSW) (Sept. 29, 2020).

Federal court USCIS Federal district court Direct PDF
Direct PDF Source page Record
American Immigration Council Practice advisory Aug 14, 2020

Requesting Attorneys’ Fees Under the Equal Access to Justice Act

The Equal Access to Justice Act (EAJA) authorizes payment by the government of attorneys’ fees and costs for successful federal court litigation against the government. A successful litigant who establishes eligibility under EAJA is entitled to a fee award for litigating both the case and the fee motion. Fees and costs under EAJA are assessed without regard to whether or how much money, if any, the client actually paid his or her attorney. As such, attorneys who take cases on a pro bono or “low

Federal court Cross-forum Direct PDF
Direct PDF Source page Record