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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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American Immigration Council Practice advisory Jul 14, 2016

How to File a Petition for Review

Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.

Removal defense BIA appeals Federal court BIA Court of appeals Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

How to Get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application

Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available.

Naturalization Federal court USCIS Federal district court Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies

This Practice Advisory describes the Supreme Court’s decision in Judulang v. Holder, which rejected the BIA’s “comparable grounds” test for § 212(c) relief, and offers strategies for lawful permanent residents and others who may be affected by it.

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American Immigration Council Practice advisory Jul 14, 2016

Inspection and Entry at a Port of Entry: When is there an Admission?

This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.

Removal defense Adjustment of status Naturalization Cross-forum Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

Introduction to Habeas Corpus

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

Federal court Federal district court Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

Judicial Review Provisions of The REAL ID Act

On May 11, 2005, the REAL ID Act was signed into law. This Act contains numerous provisions related to federal court review of immigration cases. This Practice Advisory discusses the provisions of the Act that pertain to judicial review of immigration decisions under the INA.

Removal defense Federal court Court of appeals Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

Motions to Suppress in Removal Proceedings: A General Overview

This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.

Removal defense Evidence and procedure Cross-forum Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

Return to the United States After Prevailing on a Petition for Review or Motion to Reopen

This Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals.

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
American Immigration Council Practice advisory Jul 14, 2016

Screening Potential DACA Requestors for Other Forms of Relief

This Practice Advisory is designed to assist attorneys without significant expertise in immigration law in determining whether individuals seeking Deferred Action for Childhood Arrivals (DACA) might be eligible for immigration benefits that are more lasting and concrete than DACA. The forms of relief discussed in this Practice Advisory include adjustment of status, U and T visas, asylum, special immigrant juvenile status, and more. The appendix includes a questionnaire that may be helpful in ide

Asylum Adjustment of status Consular practice Cross-forum Direct PDF