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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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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

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Immigrant Legal Resource Center Practice advisory Aug 31, 2018

DACA Update (August 2018)

The purpose of this advisory is to provide service providers with an update on the status of the Deferred Action for Childhood Arrivals (DACA) program and how to counsel clients now. In it we include information on the current status of the DACA program, what to tell clients, factors to consider in deciding when and if to renew DACA, and ideas for what people should do now if they have never had DACA.

Children and SIJS Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 31, 2018

Risks of Applying for Special Immigrant Juvenile Status (SIJS) in Affirmative Cases

USCIS recently issued updated guidance on when it will refer a person to Immigration & Customs Enforcement (ICE) or issue a Notice to Appear (NTA, the charging document that begins a case in immigration court). Advocates must consult this memorandum in evaluating the risk of referral in individual cases, as it now requires USCIS to issue an NTA in any case in which, “upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the

Removal defense Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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American Immigration Council Practice advisory Aug 20, 2018

Bivens Basics : An Introductory Guide for Immigration Attorneys

Under the Supreme Court’s decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971), individuals—including noncitizens or those whom the government perceives to be noncitizens—may have access to a judicial remedy for conduct by federal agents that violates the U.S. Constitution. Although litigating Bivens claims in the immigration context has become increasingly challenging in recent years, a successful claim could result in compensatory and/or punitive

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 8, 2018

The Fight Over DOJ Grants and Sanctuary Policies

The DOJ created new conditions for state and local recipients of Byrne Justice Assistance Grants and other federal grants, in an effort to prevent jurisdictions with certain sanctuary policies from receiving any funds. Several federal courts have found these requirements to be unconstitutional, and ordered the DOJ to distribute the grants to sanctuary cities such as Chicago and Philadelphia. This advisory explains the specific grants at issue, the various lawsuits against DOJ’s conditions, and o

Federal court Cross-forum Direct PDF
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ASISTA Practice advisory Aug 1, 2018

Practice Advisory: Fee Waivers for VAWA Self-petitions, U and T Visa Applications (August 2018)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 19, 2018

The Impact of Drug Trafficking on Unaccompanied Minor Immigration Cases

This practice advisory addresses the impact of drug trafficking on unaccompanied minor (UC) cases by looking at overall drug trafficking patterns within UC cases, identifying the substantive and procedural issues that may arise when UC with drug trafficking histories pursue immigration relief, and drawing parallels to other bodies of law to provide practitioners with recommendations for use in the immigration context. This advisory discusses how children impacted by drug trafficking issues are a

Children and SIJS Cross-forum Direct PDF
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American Immigration Council Practice advisory Jul 18, 2018

Strategies and Considerations in the Wake of Pereira v. Sessions

In 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.

Removal defense Cross-forum Direct PDF
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Immigrant Defense Project Practice advisory Jul 16, 2018

UPDATED Practice Advisory: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information: How to use Pereira v. Sessions to overcome the “stop-time” rule and, more broadly, to challenge Immigration Court jurisdiction (updated July 16, 2018, by IDP and NIP-NLG)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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ACLU Practice advisory Jul 1, 2018

Practice Advisory: Parole of Arriving Asylum Seekers who have Passed Credible Fear, Damus v. Nielsen

The American Civil Liberties Union, Center for Gender and Refugee Studies, Human Rights First, and Covington & Burling LLP filed a federal lawsuit challenging the Trump administration’s arbitrary detention of asylum seekers fleeing persecution, torture, or death in their countries of origin.

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 29, 2018

The CSPA and Children of Permanent Residents

This advisory discusses how the Child Status Protection Act (CSPA) protect children of permanent residents in their applications for permanent residency. We discuss how a child’s age is calculated and how they might move through different preference categories through their process to become residents.

Children and SIJS Cross-forum Direct PDF
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Immigrant Legal Resource Center Sample brief Jun 27, 2018

Case Update: The Domestic Violence Deportation Ground

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportability. Recent Board of Immigration Appeals and federal decisions, including the Supreme Court decision in Sessions v. Dimaya , significantly affect each of the four bases. This advisory will provide a brief overview of the deportation ground, and then outline the recent decisions and how they may affect representation in California and the Ninth Circuit. It includes an appendix analyzing common Califor

Removal defense BIA appeals BIA Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 6, 2018

Non-LPR Cancellation of Removal: An Overview of Eligibility for Immigration Practitioners

Cancellation of removal for Non–Permanent Residents under INA § 240A(b)(1) is a critical defense to deportation available to certain non-citizens with family in the United States. A person who is granted non-LPR cancellation of removal receives a green card, but the eligibility requirements for non-LPR cancellation are distinct from other means of applying for a green card, and also from other types of cancellation of removal. It is important for immigration practitioners to be familiar with non

Removal defense Family-based practice Cross-forum Direct PDF
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