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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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Immigrant Legal Resource Center Practice advisory Jun 25, 2025

Reopening Removal Proceedings Based on the Ineffective Assistance of Prior Counsel

This practice advisory focuses on motions to reopen based on ineffective assistance of prior counsel. It reviews the basic requirements of motions to reopen and then dives into the specific procedural and substantive requirements of motions to reopen based on the ineffective assistance of prior counsel. It discusses the time and numerical limitations on motions to reopen and how to use the doctrine of equitable tolling to overcome these limitations. It also covers what documents should accompany

Removal defense Motions to reopen / reconsider Cross-forum Direct PDF
NIWAP Library Amicus brief Jun 18, 2025

Aylaliya Assefa Birru v. Barr

Aylaliya Assefa Birru v. Barr (January 11 2021) 9th Circuit Court of Appeals. NIWAP, represented by Baker McKenzie, is lead amicus in a brief on behalf of an immigrant domestic violence victim who is seeking relief under the Violence Against Women Act’s domestic violence victim waiver in her VAWA cancellation of removal case. The Board of Immigration Appeals and the immigration judge denied her the ability to present evidence of waiver eligibility.

Removal defense VAWA / U / T Immigration court BIA Direct PDF
National Immigrant Justice Center Template motion Jun 18, 2025

Bond Motion (Sample)

Call and message your members of Congress telling them to oppose any effort to give ICE and Border Patrol more funding.

Detention / bond Immigration court BIA Direct PDF
NIWAP Library Amicus brief Jun 18, 2025

Jane Doe v. Claire McIntire

Jane Doe v. Claire McIntire, App. No. 01-P-1013 (Mass.) (August 10, 2001) Amicus brief appealing a denial of TANF benefits to two immigrant women lawfully residing in Massachusetts, the denial was based on six month residence requirement before receiving benefits. One woman was fleeing domestic violence and the other residing with family during pregnancy. (Foley, Hoag & Eliot, Pro Bono)

Evidence and procedure BIA Direct PDF
NIWAP Library Amicus brief Jun 18, 2025

Jessica Ruth Gonzales v. United States of America Inter-American Commission on Human Rights

Amicus brief submitted to the Inter-American Commission of Human Rights after Castle Rock police department failed to enforce an order of protection against Ms. Gonzales’s husband. This brief argues that there is an international consensus recognizing states’ obligation to protect against domestic violence and provide effective remedies for its victims. Even if laws and orders are issued, they must be enforced. The police failure to enforce the protective order in this case, together with the Un

Family-based practice Cross-forum Direct PDF
NIWAP Library Amicus brief Jun 18, 2025

United States v. Dixon

United States v. Dixon (December 2 1992-June 28 1993) U.S. Supreme Court. United States V. Michael Foster (United States v. Dixon, 598 A.2d 724, 725 (D.C. 1991), cert. denied, 112 S. Ct. 1759 (1992), aff’d in part and rev’d in part, 113 S. Ct. 2849 (1993). Amicus brief filed in the Supreme Court of the United States as the organization that serves as counsel for the domestic violence victim in the underlying protection order contempt proceeding that resulted in an over 600 day sentence for multi

Family-based practice Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 3, 2025

Immigration Consequences of Prop 36 and Other New California Offenses: Part One, Controlled Substance Offenses

This advisory discusses the immigration consequences of a conviction for a controlled substance offense under California Prop 36, specifically Cal. H&S Code § 11395. This advisory explains the immigration consequences of a criminal plea to a Prop 36 controlled substance offense. It outlines criminal defense strategies for defenders to avoid these pleas and outlines removal defense strategies for immigration practitioners where the plea cannot be avoided.

Removal defense Crimes and categorical approach Cross-forum Direct PDF
Immigration Equality Practice advisory Jun 1, 2025

Pretermission Web Advisory for Pro Bono Attorneys

Overview of recent EOIR policy changes allowing dismissal or pretermission of some defensive asylum applications without a hearing, with guidance for practitioners representing people in removal proceedings.

Asylum Removal defense Evidence and procedure Immigration court BIA Direct PDF
National Immigration Project Practice advisory May 30, 2025

Practice Advisory: Considerations in Asylum Claims for Transgender People

The National Immigration Project has partnered with Immigration Equality, Oasis Legal Services, the National Immigrant Justice Center, and Ready to Stay to create a practice advisory on framing transgender asylum claims in light of the administration’s attack on transgender individuals. In addition to the practice advisory, the National Immigration Project, Immigration Equality, and Ready to Stay have created a Template Legal Brief for transgender asylum applicants. National Immigration Project

Asylum Cross-forum Direct PDF
National Immigration Project Practice advisory May 28, 2025

Practice Alert: Protecting Noncitizens From Expedited Removal and Immigration Court Arrests

Beginning in May 2025, Immigration and Customs Enforcement (ICE) has been arresting noncitizens in or around immigration court buildings and subjecting them to expedited removal, following dismissal of their section 240 removal proceedings by ICE counsel. This Practice Alert explains briefly what has been happening and immediate steps practitioners should take to protect their clients and advise pro se respondents.

Removal defense Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory May 20, 2025

Gonzalez v. ICE Advisory for Criminal Defense Attorneys

Step by step explanation for criminal defense counsel of how to identify ICE detainers that may be issued in violation of the Gonzalez v. ICE class action. This class action settlement applies nation-wide to limit ICE’s issuance of detainers. This advisory walks through the basics of the case and how to monitor and respond to any violations of the settlement.

Crimes and categorical approach Cross-forum Direct PDF