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 |
|---|---|---|---|---|
Strategies and Considerations in the Wake of Niz-Chavez v. GarlandIn Niz-Chavez v. Garland , 141 S. Ct. 1474 (2021), the Supreme Court held that a Notice to Appear must convey the time and place of the hearing in a single document in order to trigger the stop-time rule in cancellation of removal cases, and that a subsequently-issued hearing notice does not stop time if the Notice to Appear did not include the required information. The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective N 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
|
Jun 30, 2021 | |
Realistic Probability in Immigration Categorical Approach CasesPractice advisory on the realistic-probability requirement in immigration categorical-approach litigation, including how to frame the argument and use state-law materials effectively. Why it matters: One of the more durable crim-imm references because the realistic-probability issue still surfaces repeatedly in removability and relief fights. |
Immigrant Defense Project National Direct PDF available |
Crimes and categorical approach
Removal defense
Immigration court
BIA
Court of appeals
|
Jun 3, 2021 | |
Petition for asylum was granted and remand for further proceedings by Circuit Judge Graber and Judge Richard A. Paez (04/05/21)In this opinion the 9th Circuit Federal Court of Appeals ruled that Rodrigues Tornes is eligible for gender based asylum because her domestic abusers (both her former husband and later another former intimate partner) persecuted her for her feminist opinions and views on her rights as a woman. In this case issued after both “Matter of A-B- I” and “Matter of A-B- II the 9th Circuit federal court of appeals ruled that a woman who was persecuted by domestic abusers because of a feminist political o Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Asylum
Removal defense
BIA
Court of appeals
|
May 12, 2021 | |
Standards of Review Applied by the Board of Immigration AppealsThis practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions. The advisory suggests arguments practitioners can make when the Board applies an incorrect standard of review. The advisory also includes an appendix containing citations to select circuit court decisions reversing agency decisions on this basis. 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
Immigration court
BIA
Court of appeals
|
Apr 22, 2020 | |
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 | |
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 | |
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 | |
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 |