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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 Feb 8, 2022

Practice Alert: Matter of Laparra

In Matter of Laparra , 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality Act (INA) section 239(a)(1). This practice alert provides brief background on the case law relevant to Laparra , describes the Laparra decision and its implicat

Removal defense Motions to reopen / reconsider BIA appeals BIA Direct PDF
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National Immigration Project Template motion Dec 21, 2021

Equal Protection Challenges to Prosecutions Under 1325 & 1326: The Groundbreaking Decision in United States v. Carillo-Lopez

Over the past two years, federal defenders have begun challenging the laws that criminalize crossing the border — 8 U.S.C. § 1325 and 8 USC § 1326 — on the grounds that the law is racist, and therefore unconstitutional. Recently, in a case called United States v. Carrillo Lopez (“ Carrillo-Lopez ”), Judge Miranda Du in the District of Nevada agreed with this argument and granted a motion to dismiss a criminal case against a person charged with the crime of crossing the border after being previou

Crimes and categorical approach Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Sample brief Sep 23, 2021

Enforcement Priorities Litigation Update: September 2021

There have been many recent developments regarding the litigation challenges to the Department of Homeland Security enforcement priorities. This brief guide provides a quick summary to help you keep up. In short, the Enforcement Priorities are currently still in effect, although a change could come within the next few weeks. Below you will additionally find the Fifth Circuit’s temporary stay of the lower federal district court’s preliminary injunction order. While these issues are quickly moving

Federal court Federal district court Court of appeals Direct PDF
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ASISTA Practice advisory Jul 2, 2021

Albence Practice Advisory (Updated 6/21/2021): Stay Extended through July 2, 2021

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VAWA / U / T Family-based practice USCIS Immigration court 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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National Immigration Project Template motion Mar 23, 2021

Requesting Attorneys’ Fees Under the Equal Access to Justice Act

This advisory discusses the deadline for filing an EAJA motion and the statutory requirements for eligibility. In addition, the advisory addresses procedural and substantive aspects of filing an EAJA motion, including assignment of fees to counsel and documenting and calculating fees.

Evidence and procedure Immigration court BIA Direct PDF
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ASISTA Practice advisory Mar 22, 2021

Practice Update: ICE Agrees Not to Remove, Deny Requests for Stay of Removal, or Oppose Continuances for U Visa Petitioners for 90 Days (March 22, 2021)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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National Immigration Project Practice advisory Mar 9, 2021

H.R. 6 — The Dream and Promise Act of 2021 Bars to Receiving Status

This explainer discusses H.R. 6, which would create a pathway to citizenship for people who came to the United States before January 1, 2021, who were 18 years old or under when they arrived, who have stayed in the United States since they arrived, and who meet an additional education, work, or military service requirement. It would also create a pathway to citizenship for people who have been present in the United States for at least 3 years and who on January 1, 2017 had or were eligible for T

Naturalization Cross-forum Direct PDF
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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
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American Immigration Council Practice advisory Aug 14, 2020

Requesting Attorneys’ Fees Under the Equal Access to Justice Act

The Equal Access to Justice Act (EAJA) authorizes payment by the government of attorneys’ fees and costs for successful federal court litigation against the government. A successful litigant who establishes eligibility under EAJA is entitled to a fee award for litigating both the case and the fee motion. Fees and costs under EAJA are assessed without regard to whether or how much money, if any, the client actually paid his or her attorney. As such, attorneys who take cases on a pro bono or “low

Federal court Cross-forum Direct PDF
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Immigrant Legal Resource Center Template motion Apr 2, 2020

Motions with the BIA

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

Removal defense Motions to reopen / reconsider 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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