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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 624 Asylum merits package 95 Motions, stays, and pretermission 139 Bond, detention, and habeas 85 BIA, PFR, and federal court 466 USCIS and AAO appeals 214 Crim-imm screening 158 VAWA, U, T, and survivor relief 197
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Showing 49-60 of 563 resources.

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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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National Immigration Project Practice advisory Aug 27, 2025

O.C.V. v. Bondi: Tenth Circuit Vacates Matter of M-R-M-S-

On August 26, 2025, the Tenth Circuit issued a published decision, O.C.V. v. Bondi , vacating the Board of Immigration Appeals presidential decision Matter of M-R-M-S- , which had wrongfully held that if a persecutor had any motivation other than animus toward the family group, an asylum seeker could not prevail on a family-based asylum claim. The Tenth Circuit rejected this narrowed definition of nexus. The case was litigated in federal court by the Center for Gender and Refugee Studies and the

Asylum Detention / bond Family-based practice BIA Court of appeals Direct PDF
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National Immigration Project Practice advisory Aug 18, 2025

Risk Assessment for Naturalization Applicants

Naturalization remains the best defense against immigration enforcement for many LPRs. However, some red flag issues that could cause an LPR to be denied naturalization and even detained and deported. Thorough screening is crucial to make sure that an LPR is able to make an informed decision about whether to pursue naturalization. This practice advisory summarizes the most common reasons why USCIS may deny an N400, provides guidance for ways to screen and avoid an N-400 denial and removal procee

Removal defense Naturalization USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 14, 2025

Risk Assessment for Naturalization Applicants

For many noncitizens, naturalization is the best defense against deportation from the United States. Indeed, USCIS lacks the authority to detain or deport a U.S. citizen. However, applying for naturalization can be risky for some individuals because it can instigate immigration enforcement. This concern has increased following President Trump’s February 28, 2025 NTA Memo. The ILRC, NIPNLG, CLINIC, and the Ready to Stay collaborative wrote a practice advisory summarizing the most common reasons w

Removal defense Naturalization USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 7, 2025

Naturalization Update: Policy Manual Revisions to the Disability Waiver

This practice advisory provides background on the disability waiver of the English and civics requirement for naturalization and describes the June 2025 revisions to the USCIS Policy Manual (PM) on the submission and review of disability waivers. The revised guidance in the PM applies to applications filed on or after the publication date of June 13, 2025. Overall, the PM revisions signal a change in tone that assumes fraud in the disability waiver process is frequent and encourages increased sc

Naturalization Waivers USCIS Direct PDF
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National Immigration Project Practice advisory Jul 25, 2025

Fighting for a Day in Court: Understanding and Responding to Pretermission of Asylum Applications

Immigration Judges have increasingly begun to pretermit asylum applications--often ordering asylum seekers removed without ever having a chance to have a hearing on their claims. This Practice Advisory (PA) discusses a recent Policy Memo by the Executive Office for Immigration Review Acting Director and a recent Board of Immigration Appeals decision, which have prompted judges to pretermit cases. The PA also contains practical tips on how to fight this practice.

Asylum Removal defense BIA appeals Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 25, 2025

Reopening Removal Proceedings Based on the Ineffective Assistance of Prior Counsel

This practice advisory focuses on motions to reopen based on ineffective assistance of prior counsel. It reviews the basic requirements of motions to reopen and then dives into the specific procedural and substantive requirements of motions to reopen based on the ineffective assistance of prior counsel. It discusses the time and numerical limitations on motions to reopen and how to use the doctrine of equitable tolling to overcome these limitations. It also covers what documents should accompany

Removal defense Motions to reopen / reconsider Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 3, 2025

Immigration Consequences of Prop 36 and Other New California Offenses: Part One, Controlled Substance Offenses

This advisory discusses the immigration consequences of a conviction for a controlled substance offense under California Prop 36, specifically Cal. H&S Code § 11395. This advisory explains the immigration consequences of a criminal plea to a Prop 36 controlled substance offense. It outlines criminal defense strategies for defenders to avoid these pleas and outlines removal defense strategies for immigration practitioners where the plea cannot be avoided.

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigration Equality Practice advisory Jun 1, 2025

Pretermission Web Advisory for Pro Bono Attorneys

Overview of recent EOIR policy changes allowing dismissal or pretermission of some defensive asylum applications without a hearing, with guidance for practitioners representing people in removal proceedings.

Asylum Removal defense Evidence and procedure Immigration court BIA Direct PDF
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National Immigration Project Practice advisory May 30, 2025

Practice Advisory: Considerations in Asylum Claims for Transgender People

The National Immigration Project has partnered with Immigration Equality, Oasis Legal Services, the National Immigrant Justice Center, and Ready to Stay to create a practice advisory on framing transgender asylum claims in light of the administration’s attack on transgender individuals. In addition to the practice advisory, the National Immigration Project, Immigration Equality, and Ready to Stay have created a Template Legal Brief for transgender asylum applicants. National Immigration Project

Asylum Cross-forum Direct PDF
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