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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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National Immigration Project Practice advisory Jan 13, 2026

Quick Guide to Release from Immigration Detention for SIJS Youth

IMPORTANT: On February 6, 2026, the Fifth Circuit ruled in Buenrostro-Mendez v. Bondi , No. 25-20496, that noncitizens in removal proceedings who have not been admitted are subject to "mandatory" detention under 8 U.S.C. 1225(b)(2)(A). This resource has not been updated since the Buenrostro decision. If you are filing a habeas petition in a district within the Fifth Circuit, you will need to adapt your legal claims in light of the Buenrostro-Mendez v. Bondi decision, e.g. by focusing on constitu

Removal defense Detention / bond Federal court Immigration court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 12, 2026

Attacks on FOIA Continue

On December 22, 2025, DHS published a final rule impacting processing of FOIA requests by all DHS components. The rule is effective January 22, 2026. Despite the major changes made by the rule, no period of public comment was provided. The rule eliminates paper filing of FOIA requests with DHS as of January 22, 2026. FOIAs to DHS must be filed online after that date. The rule also states that DHS can, in its discretion, administratively close or make “requests for clarification” where it deems t

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 23, 2025

FOIA Alert on Processing Changes – December 2025

In recent months, practitioners have been reporting troubling new patterns in FOIA processing of A-file requests. Some people report unusually high rejection rates on Freedom of Information Act (FOIA) requests for reasons related to address requirements. Rejections due to “no record” also have been reported even where the requester is sure that there is a record because they have a partial paper trail of contacts with USCIS. Frequent over redaction of FOIA responses also has been reported. This

Removal defense USCIS Direct PDF
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National Immigration Project Template motion Dec 2, 2025

Fifteen Steps for Addressing Orders of Removal Issued by an Immigration Judge

Motions to reopen are extremely important for people with final removal orders. Final orders of removal render people vulnerable to detention and immediate removal from the United States. However, a successful motion to reopen places the person back in active removal proceedings before an immigration judge where they can pursue immigration relief, provides additional arguments for release from detention, and prevents their immediate removal. This practical resource provides fifteen concrete step

Removal defense Motions to reopen / reconsider Detention / bond Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 21, 2025

Expedited Removal and Unaccompanied Children: An FAQ

The Trump administration’s January 2025 expansion of expedited removal to people residing in the interior of the United States has raised concerns about whether the government could try to apply this summary removal process to young people who entered the country as unaccompanied children (UCs) but no longer meet the definition. This resource – created with our partners at the Children’s Immigration Law Academy and National Immigration Project – answers common questions about expedited removal a

Removal defense Children and SIJS Cross-forum Direct PDF
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National Immigration Project Practice advisory Nov 21, 2025

Expedited Removal and Unaccompanied Children: an FAQ

The Trump administration’s January 2025 expansion of expedited removal to people residing in the interior of the United States has raised concerns about whether the government could try to apply this summary removal process to young people who entered the country as unaccompanied children (UCs) but no longer meet the definition. This resource—created with our partners at the Children’s Immigration Law Academy and Immigrant Legal Resource Center—answers common questions about expedited removal an

Removal defense Children and SIJS Cross-forum Direct PDF
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National Immigration Project Practice advisory Oct 3, 2025

Practice Alert: Guidance on CHIRLA v. Noem Order (Expedited Removal)

On September 12, 2025, the D.C. Circuit denied the government’s motion for a stay pending appeal, dissolved its temporary, partial administrative stay, and fully restored the district court’s August 1 order in CHIRLA v. Noem , a lawsuit challenging Trump 2.0 government directives applying expedited removal to paroled individuals. The August 1 order, which is now fully in effect, stays policies that allowed DHS to put individuals who were previously paroled into the United States at a port of ent

Removal defense Detention / bond BIA appeals BIA Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 2, 2025

Screening for Immigration Relief: Client Intake Form and Notes

This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options and assessing red flags. Accompanying the intake form are notes to assist practitioners in spotting issues and relief options as well as a summary of common forms of relief. This sample client intake form is generic, to screen for general relief since the goal at the screening stage is not to make a final determination of eligibility but to assess pathways for relief.

Removal defense Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 18, 2025

HR1 Fees at USCIS and EOIR

This practice advisory provides information about recently implemented fee increases at USCIS and EOIR. These fee increases are a result of the “One Big Beautiful Bill Act” also known as HR1. This advisory explores what we know and what we still don’t know about the fees, how to pay them, and potential future changes.

Evidence and procedure USCIS Direct PDF
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American Immigration Council Practice advisory Sep 2, 2025

Detention under INA § 235(b): The Statutory Scheme and Strategies for Release

Immigration authorities have long invoked § 235(b) of the Immigration and Nationality Act (INA) to justify the detention of noncitizens entering the United States. The number of noncitizens detained under INA § 235(b), rather than the general detention provision, INA § 236(a), has increased exponentially in recent years. The reach of § 235(b) has extended even further under the second Trump administration, as the government seeks to subject more people to expedited removal and detention without

Removal defense Detention / bond Entry and admission Cross-forum Direct PDF
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