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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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Showing 49-60 of 85 resources.

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Immigrant Legal Resource Center Practice advisory Jun 6, 2022

VAWA Self-Petition Policy Updates (June 2022)

On February 10, 2022, USCIS released several VAWA Self-Petition policy changes. The changes include the nationwide implementation of two circuit court decisions and changes in USCIS’s interpretation of the joint residence requirement for VAWA Self-Petitioners. This practice advisory contains short summaries of USCIS’s VAWA Self-Petition policy changes.

Removal defense VAWA / U / T USCIS Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Jul 8, 2021

Sanchez v. Mayorkas: TPS and Adjustment after the Supreme Court’s Decision

In June 2021, the U.S. Supreme Court issued a decision in Sanchez v. Mayorkas that addressed a circuit split regarding whether a grant of TPS was an “admission” such that it allowed an applicant for permanent residence to meet the threshold “inspected and admitted or paroled” requirement to adjust status within the United States. Previously, the Sixth, Ninth, and Eighth Circuit Courts of Appeal had held that it did, whereas the Eleventh, Fifth, and Third Circuits had held that it did not. In San

Detention / bond Adjustment of status BIA appeals BIA Court of appeals Direct PDF
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National Immigration Project Practice advisory May 5, 2021

Advocating for Immigrant Survivors of Medical Abuse at the Irwin County Detention Center

This practice advisory is intended to assist individuals seeking damages, stays of deportation, and long-term immigration relief based on medical abuse suffered at ICDC. This practice advisory explains how to determine eligibility and file administrative claims under the Federal Torts Claims Act (“FTCA”) for monetary damages, stays of removal with Immigration and Customs Enforcement (“ICE”), administrative complaints with the DHS Office for Civil Rights and Civil Liberties (“CRCL”), and U Visa c

Removal defense Detention / bond Consular practice Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 23, 2021

Advocating for Clients under the Biden Administration’s Interim Enforcement Priorities

ICE enforcement policies have changed under the Biden administration, and opened new opportunities to defend your clients from arrest, detention, and deportation. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the interim enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.

Removal defense Detention / bond Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice manual Mar 19, 2021

USCIS Policy Manual Makes Sweeping Changes to Discretion

In 2020 and 2021, USCIS changed its interpretation of discretion in adjudication of immigration benefits in three separate releases of policy manual guidance. [i] These chapters add voluminous positive and negative discretionary factors that adjudicators are instructed to analyze in more than a dozen types of immigration benefits, including many categories of employment authorization, adjustment to permanent residence, temporary protected status and change of status applications.

Employment Adjustment of status USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 30, 2020

How to Avoid Mandatory ICE Detention

Noncitizens with certain criminal records are subject to mandatory immigration detention under INA § 236(c), 8 USC § 1226(c). This means that they may remain detained during the weeks, months, or years of their entire immigration case, without even the right to a bond hearing . Recent Supreme Court decisions in Jennings v. Rodriguez and Nielsen v. Preap have made the situation even worse, although litigation has produced some protections. This advisory outlines how to identify whether your clien

Detention / bond Crimes and categorical approach Cross-forum Direct PDF
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ACLU Practice advisory Jul 29, 2020

Practice Advisory: Bond Hearings in Baltimore Immigration Court Under Dubon Miranda V. Barr

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

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 15, 2020

Using and Defending California Penal Code § 1473.7 Vacaturs in Immigration Proceedings: Sample Memorandum of Law and Table of BIA Cases

In 2016, California passed California Penal Code § 1473.7, a critical post-conviction relief vehicle for people no longer in criminal custody to move to eliminate prior convictions that violated constitutional and statutory rights to due process and effective assistance of counsel. Under decades of legal precedent, prior offenses vacated on this basis are outside the federal immigration definition of "conviction." Nevertheless, some DHS attorneys incorrectly argue that § 1473.7 vacaturs are not

Detention / bond Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Template motion Mar 27, 2020

Understanding I-212s for Inadmissibility Related to Prior Removal Orders and the Permanent Bar

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.

Removal defense Motions to reopen / reconsider Detention / bond Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 16, 2019

How to Address Evidentiary Issues in Bond Proceedings

Preparing a strong case for bond for detained clients has become more important than ever. This practice advisory discusses how to address evidentiary issues and challenges in bond proceedings and provides tips for proving your bond case, as well as overcoming negative factors.

Detention / bond Cross-forum Direct PDF
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ACLU Practice advisory Jul 9, 2019

Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap

Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap (July 2019) | American Civil Liberties Union Skip navigation document Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap (July 2019) Document Date: July 9, 2019 Download document Download document Skip to PDF content Related Issues Immigrants' Rights Immigrants' Rights and Detention

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
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ACLU Practice advisory Oct 23, 2018

Practice Advisory: Bond Hearings for Individuals Subject to Prolonged Detention: Guerrero-Sanchez v. Warden, York County Prison

Practice Advisory: Guerrero-Sanchez v. Warden, York County Prison | American Civil Liberties Union Skip navigation document Practice Advisory: Guerrero-Sanchez v. Warden, York County Prison Document Date: October 23, 2018 Download document Download document Skip to PDF content

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
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