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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 624 Asylum merits package 95 Motions, stays, and pretermission 139 Bond, detention, and habeas 85 BIA, PFR, and federal court 466 USCIS and AAO appeals 214 Crim-imm screening 158 VAWA, U, T, and survivor relief 197
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National Immigration Project Practice advisory Jul 29, 2024

Strategies and Considerations in the Wake of Niz-Chavez v. Garland

This practice advisory discusses the Supreme Court’s decisions in Niz-Chavez , Pereira and Campos-Chaves , and provides strategies for practitioners to consider in cases where the client’s NTA was defective. As this area of the law continues to develop, practitioners should use this practice advisory as a starting point but engage in their own research into the state of the law. Updated on July 29, 2024.

Removal defense Cross-forum Direct PDF
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NIWAP Library Amicus brief Jun 15, 2024

he Federal District Court granted Ms. Soto Alvarado’s Motion

In a case brought in Federal District Court in Rhode Island an abused spouse whose VAWA self-petition had been approved challenged USCIS’s revocation of her approved petition. The self-petitioner was divorced from her abuser and remarried after filing the self-petition but before the self-petition had been approved. The court’s ruling allows the self-petitioner to fully litigate her challenge the USCIS’s revocation of her self-petition due to remarriage in Federal District Court. The court’s rul

Removal defense Federal court VAWA / U / T USCIS Federal district court Direct PDF
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National Immigration Project Practice advisory Jun 11, 2024

Practice Alert: EOIR Final Rule on Administrative Closure and Termination

On July 29, 2024, an important new Executive Office for Immigration Review final rule, Efficient Case and Docket Management in Immigration Proceedings, goes into effect. Among other things, the rule codifies the authority of immigration judges and the Board of Immigration Appeals to administratively close and terminate removal proceedings. This practice alert describes this rule’s origins and summarizes its key provisions.

Removal defense BIA appeals Immigration court BIA Direct PDF
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NIWAP Library Amicus brief May 2, 2024

Wilkinson v. Garland (September 2023) US Supreme Court.

NIWAP participated in an amicus brief on writ of certiorari to the US Court of Appeals of the Third Circuit to ensure that courts review BIA hardship determinations for immigrant victims of domestic violence seeking cancellation of removal under VAWA. SCOTUS ruled in favor of Wilkinson, holding that the application of the exceptional and extremely unusual hardship standard to an established set of facts is a mixed question of law and fact that is reviewable under 1252(a)(2)(D). This ruling gives

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
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NIWAP Library Resource directory Apr 25, 2024

Federal Preemption in Immigration Law

Friendly House Et Al., V. Michael B. Whiting Et Al ., (June 11, 2010) United States District Court Arizona. Legal Momentum, recruited by the ACLU, MALDEF, The National Immigration Law Center, and the Asian Pacific American Legal Center (represented by Manatt, Phelps, and Phillips) to organize a brief articulating immigrant women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070

Removal defense Federal court Federal district court
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NIWAP Library Resource directory Apr 25, 2024

Trauma, Testimony, and Adult Victims

Gabriel Perez Cruz v. Barr , (July 2 2020) U.S. Court of Appeals 9th Circuit. NIWAP assisted the Family Violence Appellate Project in California in developing, securing social science support for and national sign ons from 16 organizations nationally for this 9th Circuit Amicus Brief in which we were represented by Haney and Boone LLP. The brief discussed the mental health impact of domestic violence and coercive control in abusive relationships and perpetrators who coerce their victims into com

Removal defense Family-based practice BIA appeals BIA Court of appeals
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National Immigration Project Practice advisory Mar 27, 2024

Practice Advisory: Pursuing Private Immigration Relief Legislation in Congress

As Congress continuously fails to pass humane immigration legislation, many noncitizens remain vulnerable to removal from the United States. While this legislative failure affects all noncitizens negatively, Congress’s failure to enact meaningful immigration reform is particularly damaging to noncitizens who are unable to obtain legal status through normal immigration channels—particularly those noncitizens who may present unique cases that involve particularly sympathetic factors. These nonciti

Removal defense Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 15, 2023

What to Do When ICE Submits an I-213 in Immigration Court

This practice advisory addresses what a practitioner can and should do when DHS submits an I-213 to prove “alienage” or any other facts in a case. After a brief discussion of the purpose of an I-213 and why DHS often submits it during removal proceedings, this advisory discusses objections that practitioners should consider making in order to exclude the I-213 from the record in removal proceedings or, at a minimum, to argue that the I-213 should not be given any significant weight by the immigr

Removal defense Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 12, 2023

"Particularly Serious Crime" Bars to Asylum and Withholding

This advisory analyzes and explains the particularly serious crime bar to asylum and withholding of removal. It describes the factors to consider in determining whether a crime is a "particularly serious crime" and how to challenge a particularly serious crime determination.

Asylum Withholding / CAT Removal defense Cross-forum Direct PDF
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American Immigration Council Practice advisory Nov 28, 2023

Common Tools of Statutory Construction for Criminal Removal Grounds

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

Removal defense Crimes and categorical approach BIA appeals BIA Direct PDF
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