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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
Topic: Crimes and categorical approach Clear

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National Immigration Project Practice advisory Mar 10, 2021

Overview of Pereida v. Wilkinson for Immigration and Criminal Defense Counsel

On March 4, 2021, the Supreme Court issued Pereida v. Wilkinson , No. 19-438 (2021), a 5-3 opinion damaging to noncitizens with past criminal convictions who intend or need to seek relief in removal proceedings. The decision creates a national rule concerning the impact of inconclusive criminal court plea and conviction documents for noncitizens applying for relief from removal in immigration proceedings, specifically in cases where the modified categorical approach applies. This practice alert

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice manual Feb 19, 2021

Ley de ciudadanía de los Estados Unidos del 2021: Un corto manual sobre las provisiones de control y relacionadas con el sistema de inmigración criminal

Este manual cubre las provisiones esenciales de control y relacionadas con el sistema criminal de la ley de ciudadanía de los Estados Unidos del 2021 (USCA, a veces nombrado como el “Biden bill,” proyecto de ley de Biden).

Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Feb 19, 2021

Primer on Criminal-Immigration and Enforcement Provisions of USCA

This primer covers the key criminal-immigration and enforcement provisions of the USCA. The US Citizenship Act of 2021 (USCA, also referred to as the “Biden bill”) is an immigration bill introduced in the House on February 18, 2021 that would create a pathway to citizenship for undocumented people living in the United States who entered on or before January 1, 2021.

Crimes and categorical approach Naturalization Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 18, 2021

DACA and Crimes: What Expungements are Available Nationally

Certain criminal convictions are bars to eligibility for DACA. However, if these convictions can be “expunged,” they will cease to be an absolute bar. Here, an “expungement” refers to any legal process where a criminal court can withdraw, erase, seal, or otherwise eliminate a conviction under a state statute, based on the fact that the person completed probation or other requirements, or for humanitarian reasons. Note that while DACA government materials call this an “expungement,” different sta

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 11, 2020

Regulation Creates New Crimes Bars to Asylum

In October 2020, DHS and DOJ published a final regulation that sets out wide-ranging and draconian bars to applying for, and bases to terminate a grant of, asylum. For example, the bars include conviction of any felony, any controlled substance offense, a single DUI with injury, a DUI with a DUI prior (regardless of injury), and domestic violence bars based on the underlying conduct.

Asylum Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 2, 2020

Eligibility for Relief: Cancellation of Removal for Permanent Residents, INA § 240A(a)

Cancellation of removal under INA § 240A(a) is an important defense for lawful permanent residents who have become removable, due to criminal record or other reasons. The requirements for statutory eligibility are complex, and it is critical for advocates to understand the risks and strategies that arise from the Supreme Court’s decision on the “stop-time” rule, Barton v. Barr , --U.S.--, 140 S.Ct. 1442 (2020). This Advisory is an updated step-by-step guide to eligibility, potential arguments, a

Removal defense Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 30, 2020

How to Avoid Mandatory ICE Detention

Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or years of their entire immigration case, without even the right to a bond hearing . Recent Supreme Court decisions in Jennings v. Rodriguez and Nielsen v. Preap have made the situation even worse, although litigation has produced some protections. This advisory outlines how to identify whether your clien

Detention / bond Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 20, 2020

California Sentences and Immigration

In some cases, the amount of an imposed, potential, or served criminal sentence can determine the outcome of the immigration case. The law governing how state sentencing dispositions affect immigration penalties is fast-changing. The good news is that an informed defender often can structure a sentence that gives the prosecution what they require, while avoiding immigration penalties. An informed immigration advocate wants to be able to explain this to an immigration judge or adjudicator to win

Crimes and categorical approach Immigration court Direct PDF
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National Immigration Project Practice advisory Aug 24, 2020

Practice Alert: Matter of Reyes

On July 30, 2020, the Attorney General (AG) issued Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020), where he endorsed a novel theory of removability. This practice alert provides a summary of the decision and potential practice tips for both immigration practitioners and criminal defense attorneys.

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 21, 2020

The 2019 DHS U Visa Certifier Resource Guide: What Practitioners Need to Know

For an immigrant survivor of crime to qualify for U nonimmigrant status, they must obtain and submit to USCIS a certification of their helpfulness to law enforcement. A law enforcement agency (LEA) or other certifier must complete Form I-918, Supplement B, “U Nonimmigrant Status Certification,” attesting to the survivor’s assistance. In July 2019, the Department of Homeland Security issued an updated guide explaining the U visa requirements and the U visa certification process and identifying be

Crimes and categorical approach Consular practice VAWA / U / T USCIS Direct PDF
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National Immigration Project Practice advisory Jul 9, 2020

Practice Alert: Proposed Criminal Bars to Asylum: Intersection with New and Proposed Asylum Regulations

In this practice alert, we will summarize the proposed changes to the PSC definition and identify the potential impact of the expanded PSC bar on applicants for asylum and employment authorization. Attached to this alert is Appendix A, which highlights the intersection of each of the rules with the PSC bar.

Asylum Crimes and categorical approach Employment Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 25, 2020

Practice Advisory: Avoiding the Stop-Time Rule after Barton v. Barr

This practice advisory discusses the implications of Barton v. Barr , 140 S. Ct. 1442 (2020), with strategic considerations for advocates representing lawful permanent residents (“LPRs”) in their immigration or criminal proceedings.

Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
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