Practice Advisories & Brief Bank
Public immigration practice advisories, sample briefs, template motions, amicus briefs, and government guidance, organized in one searchable index and linked to the original host.
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| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
Gabriel Perez Cruz v. BarrGabriel Perez Cruz v. Barr (2020) U.S. Court of Appeals 9th Circuit. NIWAP assisted the Family Violence Appellate Project in California in developing, securing social science support for and national sign ons from 16 organizations nationally for this 9th Circuit Amicus Brief in which we were represented by Haney and Boone LLP. The brief discussed the mental health impact of domestic violence and coercive control in abusive relationships and perpetrators who coerce their victims into committing c Why it matters: Useful as an amicus or advocacy example on Evidence / Procedure; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Evidence and procedure
BIA
Court of appeals
|
Sep 21, 2023 | |
N.Y.C.C. v. WhitakerAmicus Brief in N.Y.C.C. v. Whitaker, NIWAP filed an Amicus Brief in N.Y.C.C. v. Whitaker in the Seventh Circuit Federal Court of Appeals. This brief explained that coercive control is one of the defining characteristics of domestic violence relationship as a result leaving a shared residence with an abuser does not bring an end to the abuse. Additionally, the brief discusses the particular dangers when the perpetrator engages in stalking his victim. Winston & Strawn LLP (November 26, 2018) Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 7th Circuit Direct PDF available |
Asylum
BIA
Court of appeals
|
Sep 21, 2023 | |
O.M.G. et al v. Wolf et al.O.M.G. v. Wolf (2020) U.S. District Court for the District of Columbia. David Thronson, “Declaration filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf.” NIWAP coordinated a national team of law professors and recruited the law firm of Winston Strum to help draft and develop this declaration that discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data Why it matters: Useful as an amicus or advocacy example on Children; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Children and SIJS
BIA
Federal district court
|
Sep 21, 2023 | |
W.M.V.C.; A.P.V. v. U.SAmicus Brief in W.M.V.C.; A.P.V. v. U.S. NIWAP filed an amicus curiae brief on behalf of W.M.V.C. and her son A.P.V DV who suffered domestic violence and life-threats in a non-consensual relationship. The amicus brief discussed that the same power dynamics that precipitate domestic violence in heterosexual marital relationships apply and are present in same-sex and non-extramarital relationships. It also discussed the that the same factors that make a woman unable to leave an abusive opposite-se Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Asylum
Cross-forum
|
Sep 21, 2023 | |
Ada Merary Rivas-Ramos v Merrick Garland“Ada Merary Rivas-Ramos v Merrick Garland”. NIWAP represented by Manatt, Phelps, and Phillips, LLP filed an amicus brief in the 8th Circuit Court of Appeals in a case of Ada Rivas-Ramos faced abuse at the hands of her former partner with whom she had been in a relationship with since she was 14 years old and shared children. Rivas-Ramos testified as to the sustained abuse she suffered throughout their relationship, including that the abuser hit her in the face with a bottle, threatened her and t Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 8th Circuit Direct PDF available |
Asylum
BIA
Court of appeals
|
Sep 20, 2023 | |
Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S. US Court of Appeals Fourth CircuitNelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S., NIWAP filed an amicus curiae on behalf of Nelsa Rosa Hernandez Cabrera; A.J.E.H., the petitioner is a domestic violence victim, from Honduras, who suffered physical abuse and enormous amount of control from her husband. The amicus will be filed in the Fourth Circuit Federal Court of Appeals in a case that Hernandez Cabrera is seeking to overturn a decision by the Board of Immigration Appeals that denied her request seeking asylum. Winston & Strawn Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 4th Circuit Direct PDF available |
Asylum
BIA appeals
Federal court
BIA
Court of appeals
|
Sep 20, 2023 | |
Pierre Salame Ajami v. Veronica Tescari Solano“Pierre Salame Ajami v. Veronica Tescari Solano” (6 th Circuit Court of Appeals) NIWAP filed an Amicus Brief in a 6 th Circuit Court of Appeals case in which a Venezuelan mother who had been granted asylum in the United States as a victim of domestic violence was ordered by the District Court in a Hague Convention case to return her children who had also been granted asylum in the U.S. to their father in Venezuela. This appeal highlighted the error of law that the District Court made in failing Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Asylum
BIA
Federal district court
Court of appeals
|
Sep 20, 2023 | |
Reina Victoria Rodriguez-Ramirez v. William P. BarrReina Victoria Rodriguez-Ramirez v. William P. Barr. NIWAP filed an amicus curiae brief in the 5th Circuit Court in Texas. The brief discusses how incest relationships qualify as a domestic relationship and how laws of domestic violence should apply. Baker and McKenzie LLP. (August 16, 2019) Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 5th Circuit Direct PDF available |
Asylum
Court of appeals
|
Sep 20, 2023 | |
Guardianship of S.H.R. v. Jesus Rivas“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP filed an amicus brief in the Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS predicate findings. The amicus brief developed by Manatt, Phelps and Phillips for NIWAP detailed the legislative and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of Appeals directly contradicts this legislative and regulat Why it matters: Useful as an amicus or advocacy example on Special Immigrant; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Special immigrant
Children and SIJS
Immigration court
BIA
Court of appeals
|
Sep 18, 2023 | |
Ramirez-AvilaRamirez-Avila, Board of Immigration Appeals (2007). Amicus brief discussing the Violence Against Women Act’s lesser extreme hardship standard and the approach to be taken in VAWA cancellation of removal cases with regard to good moral character. (Arnold and Porter, Pro Bono). Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
VAWA / U / T
BIA
|
Sep 13, 2023 | |
Sanchez v. GonzalezSanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistan Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 7th Circuit Direct PDF available |
Removal defense
VAWA / U / T
BIA
Court of appeals
|
Sep 13, 2023 | |
Laura Luis Hernandez v. AshcroftAmicus Brief on Extreme Cruelty filed in the 9th Circuit on a VAWA suspension of deportation case. Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Removal defense
VAWA / U / T
Court of appeals
|
Dec 9, 2021 |