Practice Advisories & Brief Bank
Public immigration practice advisories, sample briefs, template motions, amicus briefs, and government guidance, organized in one searchable index and linked to the original host.
Filters
| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
How to File a Petition for ReviewNoncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
BIA appeals
Federal court
Evidence and procedure
BIA
Court of appeals
|
Jul 14, 2016 | |
How to Get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization ApplicationSection 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Naturalization; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Naturalization
Federal court
USCIS
Federal district court
|
Jul 14, 2016 | |
Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency PoliciesThis Practice Advisory describes the Supreme Court’s decision in Judulang v. Holder, which rejected the BIA’s “comparable grounds” test for § 212(c) relief, and offers strategies for lawful permanent residents and others who may be affected by it. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Adjustment; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Adjustment of status
Waivers
BIA appeals
BIA
|
Jul 14, 2016 | |
Inspection and Entry at a Port of Entry: When is there an Admission?This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Adjustment of status
Naturalization
Special immigrant
Entry and admission
Cross-forum
|
Jul 14, 2016 | |
Introduction to Habeas CorpusThis Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Federal court
Federal district court
|
Jul 14, 2016 | |
Judicial Review Provisions of The REAL ID ActOn May 11, 2005, the REAL ID Act was signed into law. This Act contains numerous provisions related to federal court review of immigration cases. This Practice Advisory discusses the provisions of the Act that pertain to judicial review of immigration decisions under the INA. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Federal court
Court of appeals
|
Jul 14, 2016 | |
Motions to Suppress in Removal Proceedings: A General OverviewThis Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Evidence and procedure
Cross-forum
|
Jul 14, 2016 | |
Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment ViolationsThis Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Evidence and procedure
Cross-forum
|
Jul 14, 2016 | |
Rescinding an In Absentia Order of RemovalThere are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Motions to reopen / reconsider
Cross-forum
|
Jul 14, 2016 | |
Return to the United States After Prevailing on a Petition for Review or Motion to ReopenThis Practice Advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Removal defense
Motions to reopen / reconsider
BIA appeals
Immigration court
BIA
Court of appeals
|
Jul 14, 2016 | |
Screening Potential DACA Requestors for Other Forms of ReliefThis Practice Advisory is designed to assist attorneys without significant expertise in immigration law in determining whether individuals seeking Deferred Action for Childhood Arrivals (DACA) might be eligible for immigration benefits that are more lasting and concrete than DACA. The forms of relief discussed in this Practice Advisory include adjustment of status, U and T visas, asylum, special immigrant juvenile status, and more. The appendix includes a questionnaire that may be helpful in ide Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Asylum; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Asylum
Adjustment of status
Consular practice
Special immigrant
VAWA / U / T
Children and SIJS
Cross-forum
|
Jul 14, 2016 | |
Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong CourtThis Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Federal court
Court of appeals
|
Jul 14, 2016 |