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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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National Immigration Project Practice advisory May 31, 2021

Practice Alert Update: Proposed Criminal Bars to Asylum - Current Status of Regulations Governing Eligibility for Asylum and (c)(8) EAD

On July 9, 2020, NIPNLG published a Practice Alert examining the intersection of the criminal bars proposed in those regulations. In the latter half of 2020, final versions of all three proposed rules were issued, and were subsequently challenged in litigation before their effective dates. This Practice Alert provides an update on the current status of the rules as they apply to asylum seekers with criminal contacts in light of the litigation developments. As these proceedings are ongoing, this

Asylum Removal defense Crimes and categorical approach Cross-forum Direct PDF
NIWAP Library Amicus brief May 12, 2021

Maria Luisa Rodriguez Tornes v. William P. Barr

“Amicus Curiae Brief in Maria Luisa Rodriguez Tornes vs. William P. Barr” NIWAP led an amicus brief with DLA Piper for a case filed in the 9th Circuit discussing how domestic violence victims are able to receive gender-based asylum because they domestic violence they experience is based on their social group membership. NIWAP’s brief documented the cultural, religious and social conditions that domestic violence victims suffer that serves as a valid basis for domestic violence related gender bas

Asylum Court of appeals Direct PDF
NIWAP Library Amicus brief May 12, 2021

Petition for asylum was granted and remand for further proceedings by Circuit Judge Graber and Judge Richard A. Paez (04/05/21)

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

Asylum Removal defense BIA Court of appeals Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 29, 2021

Liberian Refugee Immigration Fairness (LRIF) Act Extended to December 20, 2021

The Liberian Refugee Immigration Fairness Act (LRIF) created a limited-term program allowing many Liberians living in the United States to apply for permanent residence. Initially, LRIF’s application period opened on December 20, 2019 and was set to expire on December 20, 2020. On January 3, 2021, however, Congress passed the Consolidated Appropriations Act 2021, extending the application period for LRIF for another year, until December 20, 2021.

Asylum Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Dec 11, 2020

Regulation Creates New Crimes Bars to Asylum

In October 2020, DHS and DOJ published a final regulation that sets out wide-ranging and draconian bars to applying for, and bases to terminate a grant of, asylum. For example, the bars include conviction of any felony, any controlled substance offense, a single DUI with injury, a DUI with a DUI prior (regardless of injury), and domestic violence bars based on the underlying conduct.

Asylum Crimes and categorical approach Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Oct 20, 2020

The Asylum Transit Ban after CAIR Coalition v. Trump: Obtaining Relief in Asylum Transit Ban Cases

On June 30, 2020, the Third Country Asylum Rule, or asylum transit ban, was found unlawful and struck down nationwide in CAIR Coalition v. Trump . This advisory discusses the asylum transit ban, the CAIR Coalition decision, and possible strategies for people who have been denied under the ban to reopen their cases and receive asylum.

Asylum Motions to reopen / reconsider Cross-forum Direct PDF
National Immigration Project Practice advisory Jul 9, 2020

Practice Alert: Proposed Criminal Bars to Asylum: Intersection with New and Proposed Asylum Regulations

In this practice alert, we will summarize the proposed changes to the PSC definition and identify the potential impact of the expanded PSC bar on applicants for asylum and employment authorization. Attached to this alert is Appendix A, which highlights the intersection of each of the rules with the PSC bar.

Asylum Crimes and categorical approach Employment Cross-forum Direct PDF
National Immigration Project Practice advisory Jun 11, 2020

Practice Advisory: Nasrallah v. Barr: Judicial Review over CAT Decisions

On June 1, 2020, the Supreme Court issued a positive decision in Nasrallah v. Barr , 590 U.S. __ (2020). The question in Nasrallah was whether the jurisdiction stripping language in 8 U.S.C. § 1252(a)(2)(C) barred judicial review over factual challenges to denials of protection under the Convention Against Torture (“CAT”). The Court ruled the statute does not bar such review. This practice advisory provides an overview of the Nasrallah decision and describes the key implications of its holding.

Withholding / CAT Federal court Court of appeals Direct PDF
Immigrant Legal Resource Center Practice advisory Feb 23, 2020

Unaccompanied Children and the One-Year Filing Deadline

Although the TVPRA exempts unaccompanied children ( UC s) from the one-year filing deadline for asylum, the current administration has been attempting to erode these protections. As a result, many UC s are at risk of losing their statutory protections and being subjected to the one-year filing deadline. This practice advisory provides UC advocates with an overview of the deadline, the exceptions for changed and extraordinary circumstances, and specific tips on satisfying this requirement in UC c

Asylum Children and SIJS Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jan 3, 2020

A New Remedy for Liberians: The Liberian Refugee Immigration Fairness Act (LRIF)

Effective December 20, 2019, the Liberian Refugee Immigration Fairness (LRIF) act opened a one-year window that will allow many Liberians living in the United States to apply for permanent residence. The act was buried in Section 7611 of the National Defense Authorization Act for Fiscal Year 2020. This practice advisory will provide a summary of the law, which went into effect immediately and will only allow applications for relief up to December 20, 2020.

Asylum Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Aug 15, 2019

Humanitarian Forms of Relief Part II: Asylum & SIJS

This practice advisory is the second resource in a two-part series on Humanitarian Forms of Relief for noncitizen victims of violence, serious crimes and persecution. They include: T nonimmigrant status, U nonimmigrant status, VAWA self-petition, asylum, and special immigrant juvenile status. The first advisory focused on giving an overview of VAWA, U, and T Visas. Including, eligibility requirements and some factors to consider before applying. This practice advisory will focus on giving an ove

Asylum Crimes and categorical approach Consular practice Immigration court Direct PDF