HammondLaw

HammondLaw Immigration Research Database

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.

212 resources 12 sources 19 topics 177 direct PDFs

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Common Tools of Statutory Construction for Criminal Removal Grounds

Practice advisory

This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the Board of Immigration Appeals (BIA) and the U.S. courts of appeals. To determine whether a criminal conviction renders a noncitizen removable under federal immigration law, federal courts and the BIA generally employ the categorical approach. Under this approach, adjudicators consider whether the elements of

Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.

American Immigration Council National Direct PDF available
Removal defense Crimes and categorical approach BIA appeals Federal court BIA
Nov 28, 2023

Practice Alert: Overview of the Supreme Court’s Decision in Pugin v. Garland

Practice advisory

On June 22, 2023, the U.S. Supreme Court issued Pugin v. Garland , 143 S. Ct. 1833 (2023), an immigration decision addressing the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S). The Court held that a conviction may be an offense “relating to obstruction of justice,” even if it does not require that an investigation or proceeding be pending or reasonably foreseeable. In doing so, Pugin reversed favorable case law in the Ninth Circuit, Valenz

Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Crimes; review the source material for the most current authority and procedure.

American Immigration Council 9th Circuit Direct PDF available
Crimes and categorical approach Court of appeals
Aug 22, 2023

Realistic Probability in Immigration Categorical Approach Cases

Practice advisory

Practice advisory on the realistic-probability requirement in immigration categorical-approach litigation, including how to frame the argument and use state-law materials effectively.

Why it matters: One of the more durable crim-imm references because the realistic-probability issue still surfaces repeatedly in removability and relief fights.

Immigrant Defense Project National Direct PDF available
Crimes and categorical approach Removal defense Immigration court BIA Court of appeals
Jun 3, 2021

Sample Motion Criminal History Chart

Template motion

Call and message your members of Congress telling them to oppose any effort to give ICE and Border Patrol more funding.

Why it matters: Useful as a drafting starting point for Crimes work in Immigration Judge; adapt the facts, authority, and venue-specific requirements before use.

National Immigrant Justice Center National Direct PDF available
Crimes and categorical approach Immigration court BIA
Jul 17, 2019

Jae Lee v. U.S.: Establishing Prejudice Under Padilla v. Kentucky

Practice advisory

Explains how Jae Lee fits into Padilla prejudice litigation and how to use the decision when immigration consequences drove the plea decision.

Why it matters: Still worth keeping in the database because Padilla-prejudice questions remain common and this is a practical bridge between criminal and immigration strategy.

Immigrant Defense Project National Direct PDF available
Crimes and categorical approach Federal court Federal district court Court of appeals
Jul 7, 2017

Esquivel-Quintana v. Sessions

Practice advisory

Practice advisory on the Supreme Court’s Esquivel-Quintana decision and its effect on the aggravated-felony sexual-abuse-of-a-minor ground and related crim-imm arguments.

Why it matters: A durable reference for categorical-approach work because the case continues to matter well beyond the specific facts that produced it.

Immigrant Defense Project National Direct PDF available
Crimes and categorical approach Removal defense Immigration court BIA Court of appeals
Jun 8, 2017

Administrative Removal Under 238(b): Questions and Answers

Practice advisory

Question-and-answer advisory on administrative removal under INA § 238(b), including threshold eligibility, notice issues, and strategy for resisting or mitigating the process.

Why it matters: Good niche inclusion because administrative-removal cases often move fast and practitioners benefit from a compact issue checklist.

Immigrant Defense Project National Direct PDF available
Crimes and categorical approach Removal defense Entry and admission Cross-forum
Feb 16, 2017

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

Practice advisory

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.

Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Crimes; review the source material for the most current authority and procedure.

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

ILRC Resource Library

Resource directory

Immigrant Legal Resource Center public resource library with practice advisories, charts, explainers, and practitioner-facing guidance.

Why it matters: Useful as an ILRC starting point when you want broad issue coverage and are willing to click through to the source materials.

Immigrant Legal Resource Center National
Crimes and categorical approach Family-based practice Adjustment of status Cross-forum USCIS Immigration court

Immigrant Defense Project Practice Advisories

Resource directory

Immigrant Defense Project page collecting practice advisories and related materials at the intersection of criminal and immigration law.

Why it matters: Useful when you want crimes-and-immigration materials collected in one source-specific view before selecting a specific advisory.

Immigrant Defense Project National
Crimes and categorical approach Detention / bond Removal defense Cross-forum Immigration court BIA

National Immigration Project Resource Hub

Resource directory

National Immigration Project's public resource page collecting practice advisories, litigation materials, and defense-oriented guidance.

Why it matters: Useful as a jump-off point for public NIP materials, especially when you want removal-defense resources from one source page.

National Immigration Project National
Removal defense Detention / bond Crimes and categorical approach Cross-forum Immigration court BIA