Realistic Probability in Immigration Categorical Approach Cases
Practice advisory on the realistic-probability requirement in immigration categorical-approach litigation, including how to frame the argument and use state-law materials effectively.
Practice resources
Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.
Practice advisory on the realistic-probability requirement in immigration categorical-approach litigation, including how to frame the argument and use state-law materials effectively.
�[��m"1���e<�܊_��Ռ�;x;W��;{���� G�1M�$0�͏}1�&Uv� PA#љeb�P���]� �fM����ct���g���9�O#9�,(�Y�'��$kp��}S�Eaw�< �-���2�Z�,�u�ꆵ�*��-�XPV�Z��§�QPg�d��:���= OX�e]�Mg��n�YW�;��c��=1`�.�3N�����*Q ��Lܞ�/5�'MMĖ�V � ����� '\�ڂ���q(��2[gO�mYu���>�]��/�%�V�A#���Ϊ8���Ň�o�1|�u�#'L<�^���JM�Ժ�y����Zz�촤+Zu�lw�w�[=y,��2Z�Տ���t[��`+�L�6���`�-� ^�������AfBg�۵� ��P�i�{�_���\�'k�=�vU�!y*A���2�!_��AÒ;�� �(:Z��^��0v�c�}l ثe��_����'6�r�/,$zd�Z�"B���k�'hyH ��:��}�&�
In this opinion the 9th Circuit Federal Court of Appeals ruled that Rodrigues Tornes is eligible for gender based asylum because her domestic abusers (both her former husband and later another former intimate partner) persecuted her for her feminist opinions and views on her rights as a woman. In this case issued after both “Matter of A-B- I” and “Matter of A-B- II the 9th Circuit federal court of appeals ruled that a woman who was persecuted by domestic abusers because of a feminist political o
The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through September 5, 2021. This advisory provides an overview of the requirements and application process for TPS for Venezuela. It also includes a brief summary of Deferred Enforced Departure (DED) for Venezuela
Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr | American Civil Liberties Union Skip navigation document Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr Document Date: July 29, 2020 Download document Download document Skip to PDF content
This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions. The advisory suggests arguments practitioners can make when the Board applies an incorrect standard of review. The advisory also includes an appendix containing citations to select circuit court decisions reversing agency decisions on this basis.
This advisory provides an overview of the most common types of motions filed with the Board of Immigration Appeals. It discusses the types of motions the Board will accept while proceedings are pending before it, such as motions to remand. It also discusses motions filed with the Board after it has issued a final order of removal, which includes motions to reconsider and motions to reopen. It contains guidelines on determining what type of motion is appropriate in specific circumstances and how
This Practice Advisory helps immigration attorneys who file petitions for review to challenge removal orders in the circuit courts.
This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering other inadmissibility or enforcement issues when advising clients.
Sanchez v. Sessions was a landmark Ninth Circuit ruling on suppression of evidence and termination of removal proceedings. This advisory explains the decision, lays out the different legal standards for suppression and termination in immigration court, and highlights key holdings that practitioners can use to better defend their clients.
While the best-case scenario would be for United States Citizenship and Immigration Services (USCIS) to approve a person’s naturalization application, receiving a denial after a naturalization interview is not the end of the road. If USCIS denies the naturalization application, persons can seek a USCIS hearing to appeal the denial by submitting form N-336 (informally known as an administrative appeal). Although the process is simple, many do not take advantage of this process.
In anticipation of widespread raids in July 2019, the American Immigration Council has prepared template materials to assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review. ¹ Materials include templates of: (1) a general skeletal motion to reopen a removal order and motion to stay removal for filing with the Board of Immigration Appeals (BIA) or immigration court (for pro se and represented cases); (2) a skeletal motion to resci