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
Workflow: Crim-imm screening Clear

Results

Showing 37-48 of 151 resources.

Sorted by Newest first
Immigrant Legal Resource Center Practice advisory Mar 25, 2022

2022 Case Update: Domestic Violence Deportation Ground

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for non-permanent residents or DACA.

Removal defense Crimes and categorical approach Children and SIJS Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Jan 24, 2022

ICE Detainers: Advice and Strategies for Criminal Defense Counsel

What are ICE detainers, how do they affect a criminal case, and how can counsel get rid of them? This advisory walks through all the legal and practices issues around ICE detainers, including the role of ICE in issuing them and the role of local or state jailors in responding. We discuss the importance of incorporating ICE detainers into pre-trial strategy, the legal and constitutional issues implicated by ICE detainers, and the various ways to challenge or rescind a detainer. This advisory is n

Crimes and categorical approach Cross-forum Direct PDF
Direct PDF Source page Record
National Immigration Project Template motion Dec 21, 2021

Equal Protection Challenges to Prosecutions Under 1325 & 1326: The Groundbreaking Decision in United States v. Carillo-Lopez

Over the past two years, federal defenders have begun challenging the laws that criminalize crossing the border — 8 U.S.C. § 1325 and 8 USC § 1326 — on the grounds that the law is racist, and therefore unconstitutional. Recently, in a case called United States v. Carrillo Lopez (“ Carrillo-Lopez ”), Judge Miranda Du in the District of Nevada agreed with this argument and granted a motion to dismiss a criminal case against a person charged with the crime of crossing the border after being previou

Crimes and categorical approach Immigration court BIA Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Dec 1, 2021

Practice Advisory for Criminal Defense Attorneys: The Biden Administration’s Final Enforcement Priorities

DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021. This practice advisory from the ILRC, NIPNLG, and IDP provides criminal defense practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.

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