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.
Filters
| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
Esquivel-Quintana v. SessionsPractice 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 AnswersQuestion-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 | |
Voluntary Departure Rule: Q&AThis Q&A informs lawyers about some of the most important aspects of the December 18, 2008 voluntary departure rules adopted by Executive Office for Immigration Review. 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
Cross-forum
|
Oct 24, 2016 | |
Dent v. Holder and Strategies for Obtaining Documents During Removal ProceedingsThis Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process. 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
Cross-forum
|
Jul 14, 2016 | |
Finality of Removal Orders for Judicial Review PurposesThe Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review. 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
BIA appeals
Federal court
Immigration court
BIA
Court of appeals
|
Jul 14, 2016 | |
How to File a Petition for ReviewNoncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review. 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
BIA appeals
Federal court
Evidence and procedure
BIA
Court of appeals
|
Jul 14, 2016 | |
Inspection and Entry at a Port of Entry: When is there an Admission?This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status. 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
Adjustment of status
Naturalization
Special immigrant
Entry and admission
Cross-forum
|
Jul 14, 2016 | |
Judicial Review Provisions of The REAL ID ActOn May 11, 2005, the REAL ID Act was signed into law. This Act contains numerous provisions related to federal court review of immigration cases. This Practice Advisory discusses the provisions of the Act that pertain to judicial review of immigration decisions under the INA. 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
Federal court
Court of appeals
|
Jul 14, 2016 | |
Motions to Suppress in Removal Proceedings: A General OverviewThis Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law. 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
Evidence and procedure
Cross-forum
|
Jul 14, 2016 | |
Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment ViolationsThis Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law. 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
Evidence and procedure
Cross-forum
|
Jul 14, 2016 | |
Rescinding an In Absentia Order of RemovalThere are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: 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
Motions to reopen / reconsider
Cross-forum
|
Jul 14, 2016 | |
Return to the United States After Prevailing on a Petition for Review or Motion to ReopenThis Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals. 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
Motions to reopen / reconsider
BIA appeals
Immigration court
BIA
Court of appeals
|
Jul 14, 2016 |