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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 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
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American Immigration Council Practice advisory Jan 17, 2025

Seeking Stays of Removal

A stay of removal prevents the Department of Homeland Security (DHS) from deporting a noncitizen from the United States while they continue to challenge their removal order or pursue an immigration benefit or humanitarian protection. This practice advisory discusses the law, procedure, and practical tips for seeking a stay of removal from DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals.

Removal defense BIA appeals Evidence and procedure Immigration court BIA Direct PDF
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American Immigration Council Practice advisory Jan 15, 2025

Judicial Review of Visa Decisions After the Supreme Court’s Decision in Department of State v. Muñoz

In Department of State v. Muñoz , 602 U.S. 899 (2024), the U.S. Supreme Court concluded that a U.S. citizen and her noncitizen spouse had no access to judicial review of a consular officer’s denial of an immigrant visa. The Court held that a U.S. citizen has no “fundamental liberty interest” i n her spouse’s admission to the United States. This practice advisory, by the American Immigration Council, the International Refugee Assistance Project, and the Consular Accountability Project, is intende

Asylum Removal defense Family-based practice Court of appeals Consular processing Direct PDF
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National Immigration Project Practice advisory Jan 10, 2025

Challenging U.S. Passport and N-600 Denials under 8 U.S.C. § 1503

8 U.S.C. § 1503 provides pathways for individuals who were denied a right or privilege of nationality to challenge such denials in federal district court and obtain a declaratory judgment that they are indeed a citizen or national of the United States—by birth, naturalization, or derivative citizenship. These claims generally arise in the context of a passport denial or revocation, or a revocation or denial of a request for a certificate of citizenship (N-600). This practice advisory discusses t

Naturalization Federal court Federal district court Direct PDF
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NIWAP Library Amicus brief Jan 7, 2025

Velasquez v. Miranda Supreme Court of Pennsylvania

Velasquez v. Miranda Supreme Court of Pennsylvania (February 1 2024). NIWAP, represented by K & L Gates, filed an amicus brief on appeal from the judgement of the Superior Court of Pennsylvania dated June 20, 2023. The amicus brief argues that any confusion regarding the role of Pennsylvania courts in the process of obtaining SIJ status jeopardizes the ability of a child who is otherwise eligible for SIJ status to receive the protections created for them by Congress. State courts must fulfill th

Special immigrant Children and SIJS Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Dec 18, 2024

Practice Alert: J.O.P. v. DHS Settlement

On November 25, 2024, the U.S. District Court for the District of Maryland granted final approval of a settlement agreement reached by the parties in J.O.P. v. DHS , No. 8:19-CV01944-SAG (D. Md.). The settlement agreement is the culmination of a class action lawsuit pending over five years. This practice alert highlights key points about the agreement that immigration practitioners representing asylum seekers need to know. You can read the full agreement and learn more about the J.O.P. case by v

Asylum Federal court Federal district court Direct PDF
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National Immigration Project Practice advisory Dec 16, 2024

Crim-Imm Case Law Updates 2024

This resource is designed to help immigration practitioners stay current on significant case law developments over the past year in the intersection of immigration and criminal law. It begins with an overview of notable case law developments before the BIA and the United States Courts of Appeals. This is followed by case summaries of all published Board of Immigration Appeals decisions addressing this area of law in 2024, along with a curated list of case summaries from the United States Courts

Crimes and categorical approach BIA appeals BIA Direct PDF
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ASISTA Practice advisory Nov 14, 2024

ASISTA Notes: USCIS Stakeholder Engagement with AILA VAWA, U, T Committee (11/14/2024)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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National Immigration Project Practice advisory Jul 30, 2024

Seeking Release of Clients Detained in Virginia Who Have Won Fear-Based Relief Under Rodriguez Guerra v. Perry (E.D. Va.) Settlement

The National Immigration Project, Amica Center (formerly CAIR Coalition), and the ACLU of Virginia sued the Washington Field Office of Immigration and Customs Enforcement (ICE) on behalf of nine individuals whom ICE arbitrarily detained for months after they won immigration relief protecting them from deportation to their countries of origin where they face persecution, torture, or death. The case, Rodriguez Guerrera v. Perry , No. 1:23-cv-1151 (E.D. Va.), was brought in the U.S. District Court

Withholding / CAT Removal defense Federal court Federal district court Direct PDF
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ASISTA Practice advisory Jul 1, 2024

ASISTA Practice Alert: Parole in Place and Streamlined Employment-Based Visas: What We Know and What We Want to See for Immigrant Survivors (July 2024)

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VAWA / U / T Family-based practice USCIS Immigration court 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 13, 2024

Practice Advisory: Representing Immigrant Clients Affected by the Racial Bias of the Criminal Legal System: Mitigating the Effect of Past Racial Bias When Seeking Discretionary Relief and Bond

This practice advisory, along with the accompanying report, Bias in the Criminal Legal System: A Report Aggregating Social Science Research and Reporting on Racial Bias in the Criminal Legal System, and template brief , provides a framework for you to make legal arguments and introduce evidence during your client’s immigration court proceedings if they are seeking discretionary relief or requesting bond. You can use this advisory and the accompanying report to argue that the immigration judge sh

Detention / bond Crimes and categorical approach BIA appeals Immigration court BIA 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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