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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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Topic: Evidence and procedure Clear

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Showing 49-60 of 243 resources.

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American Immigration Council Practice advisory Dec 16, 2022

Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay Cases

Practitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions. It also discusses the advantages of an Administrative Procedure Act cause of action and offers considerations for demonstrating unreasonable delay. The practice tip al

Removal defense Consular practice Evidence and procedure Consular processing Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 29, 2022

Fact Sheet on Penal Code § 372.5, effective Jan. 1, 2023

This fact sheet describes new Cal. Penal Code 372.5 ( AB 2195 ). As of January 1, 2023, a California defendant who is charged with any of several drug offenses, from infractions to felonies, can ask for the drug charge/s to be dismissed and instead to plead guilty to being a “public nuisance” ( Penal Code § 370 ). Section 372.5 provides that in this circumstance, the public nuisance offense is punishable as an infraction, a misdemeanor, or a “wobbler” offense, depending on the offense level of t

Evidence and procedure Cross-forum Direct PDF
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Human Rights First PALA Library Practice manual Sep 25, 2022

Practice Advisories

EOIR manual explaining the procedures for electronic filing through EOIR’s Courts & Appeals System (ECAS). Last updated September 25, 2022.

Asylum Withholding / CAT Evidence and procedure USCIS Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 16, 2022

Introductory Guide to the Affidavit of Support

This advisory provides an introduction to the Affidavit of Support including various ways to meet the financial requirements, different types of sponsors who may submit Affidavits of Support, who is considered a “household member” for purposes of the Affidavit of Support, and exemptions to the Affidavit of Support.

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory May 4, 2022

Practice Advisory for Immigration Advocates: The Biden Administration’s Final Enforcement Priorities

DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.

Evidence and procedure Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 16, 2021

Update on DOJ Grants Under the Biden Administration

Throughout the Trump Administration, the federal government has sought to undermine sanctuary policies by requiring that cities help ICE with immigration enforcement in order to receive certain federal grants from the DOJ. These policies have spurred a dozen lawsuits, almost all of which have ruled in favor of the cities challenging DOJ’s conditions. In 2021, the Biden administration removed all current and prior immigration conditions on federal grants. This advisory explains more about the gra

Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory Nov 30, 2021

Practice Advisory for Immigration Advocates: The Biden Administration's Final Enforcement Priorities

This practice advisory provides an overview of the final priorities. The Memo also suggests ways for practitioners to utilize the Mayorkas Memo and its lack of bright-line rules to craft persuasive arguments to protect their clients from harmful enforcement action.

Evidence and procedure Cross-forum Direct PDF
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American Immigration Council Practice advisory Oct 5, 2021

Immigration Lawsuits and the APA: The Basics of a District Court Action

This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action.

Federal court Evidence and procedure Federal district court Direct PDF
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National Immigration Project Practice advisory May 7, 2021

Practice Advisory: Settling FTCA Litigation for Immigration Relief

This practice advisory discusses strategies for obtaining immigration relief as part of a settlement agreement with the government to resolve a lawsuit for damages brought under the Federal Tort Claims Act (FTCA) based on torts committed by agents of U.S. Immigration and Customs Enforcement (ICE) and/or U.S. Customs and Border Protection (CBP).

Evidence and procedure Cross-forum Direct PDF
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