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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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American Immigration Council Practice advisory Jul 14, 2016

Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court

This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court.

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

The Child Status Protection Act

This Practice Advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts.

Removal defense BIA appeals Consular practice USCIS BIA Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings

This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.

Crimes and categorical approach Federal court Federal district court Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review

This Practice Advisory examines how the courts and the agencies apply the fugitive disentitlement doctrine which arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.

BIA appeals BIA Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Voluntary Departure

This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order; the serious consequences that result from failing to depart; and when these consequences do not apply. The Advisory also analyzes important changes in the caselaw and outlines arguments for when the consequences for failing to depart pursuant to a voluntary departure order should not apply. The Appendix provides background about the eligibility

Removal defense Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 24, 2016

Advisory on Deportable Crimes of Domestic Violence: Matter of H. Estrada

A noncitizen who is convicted of a “crime of domestic violence” is deportable. INA 237(a)(2)(E)(i), 8 USC 1227(a)(2)(E)(i). In Matter of H. Estrada the BIA reaffirmed that the categorical approach must be used to determine that the offense is a “crime of violence” under 18 USC § 16, but it held that the circumstance-specific approach can be used to determine whether the victim and defendant shared the required domestic relationship. Under that approach, the BIA found that ICE can use any reliabl

Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory May 17, 2016

From Advance Parole to a Green Card for DACA Recipients

This advisory explains how some DACA recipients may be eligible to adjust their status to permanent residents after travellng outside the United States on advance parole. We explain what is required for advance parole, what is required for adjustment of status, and how those two are related for certain DACA recipients who entered the United States without inspection. Although the advisory is focused on DACA, most of the analysis will also apply to TPS holders.

Detention / bond Adjustment of status Special immigrant Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 15, 2016

Frequently Asked Questions in 1-Parent Special Immigrant Juvenile Status Cases in California Family Courts

In this practice advisory developed in consultation with the staff of the Judicial Council of California, we answer common questions about basic procedural and substantive issues that may arise in family court custody cases when SIJS findings are being requested.

Detention / bond Family-based practice Special immigrant Immigration court Direct PDF
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NIWAP Library Amicus brief Nov 11, 2015

U.S. District Court for the Northern District of Georgia Atlanta Division ruling

U.S. District Court for the Northern District of Georgia decision regarding Plaintiff’s (European Connections & Tours) challenge of IMBRA under the First and Fifth Amendments of the Constitution; specifically challenging the portions of the IMBRA statute relating to the disclosure of background information and the definition of International Marriage Brokers. Court dismissed the Plaintiff’s Complaint.

Removal defense Family-based practice Federal court Federal district court Direct PDF
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ACLU Practice advisory Nov 6, 2015

Challenging Detention Without a Bond Hearing Pending Removal Proceedings

Challenging Detention Without a Bond Hearing Pending Removal Proceedings | American Civil Liberties Union Skip navigation Fact Sheet Challenging Detention Without a Bond Hearing Pending Removal Proceedings Document Date: November 6, 2015 Download document Download document Skip to PDF content Related Issues Immigrants' Rights Immigrants' Rights and Detention

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Oct 12, 2015

Responding to Inappropriate RFEs & NOIDs in SIJS Cases

This practice advisory describes the recent increase in RFEs and NOIDs in Special Immigrant Juvenile Status cases, in which USCIS is requesting documents from the underlying state court proceedings. The advisory details arguments against disclosing state court documents and information to USCIS, and provides guidance on setting up your SIJS petitions for success from the outset.

Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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