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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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Topic: Evidence and procedure Clear

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Showing 61-72 of 243 resources.

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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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American Immigration Council Practice advisory Feb 22, 2021

Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the Case

This Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the Administrative Procedure Act (APA). It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise.

Federal court Evidence and procedure Federal district court Direct PDF
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National Immigration Project Practice manual Feb 19, 2021

Ley de ciudadanía de los Estados Unidos del 2021: Un corto manual sobre las provisiones del proceso justo, detención, y reformas de la corte

Este manual resume algunas de las provisiones esenciales de la ley de ciudadanía de los Estados Unidos del 2021 (USCA, a veces nombrado como el “Biden bill,” el proyecto de ley de Biden), relacionadas con las protecciones de proceso justo dentro del sistema judicial de inmigración y en procedimientos de expulsión.

Evidence and procedure Cross-forum Direct PDF
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American Immigration Council Practice advisory Nov 20, 2020

Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?

This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act (APA) — such as a complaint challenging an employment-based immigration petition denial : “I just received the government’s answer. Now what ?” It explains next steps: the government’s filing of the certified administrative record followed by the parties moving for summary judgment. The practice tip also explains ho

Employment Federal court Evidence and procedure Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 7, 2020

Practice Alert: Advising Non-Citizen Clients About their Right to Protest

The purpose of this practice advisory is to assist immigration attorneys who are advising their clients regarding their decision to participate in a protest or demonstration by providing a checklist of issues to consider and address. While the decision rests with the client, it is important to provide information so they may make an informed decision about their choice to participate and so they may understand the consequences of participating as well as measures they can take to minimize their

Evidence and procedure Cross-forum Direct PDF
Direct PDF Source page Record
National Immigrant Justice Center Template motion May 7, 2020

Translation Form: Divorce Decree

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

Evidence and procedure Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 21, 2020

Memo on the Equal Protection Implications of Immigration-Related Prosecutorial Considerations

Increasingly prosecutors are asked to c on sider immigrati on c on sequences in the charging and plea-bargaining process. Some states have adopted policies requiring prosecutors to c on sider such c on sequences, see, e.g., Cal. Pen. C. § 1016.3(b), and some prosecutor offices have adopted internal guidelines mandating the c on siderati on of immigrati on c on sequences. This advisory provides c on text for why such a prosecutorial policy or practice is legally necessary and permitted, if not ma

Evidence and procedure Cross-forum Direct PDF
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American Immigration Council Practice advisory Oct 22, 2019

Administrative Closure Post -Castro-Tum

This practice advisory provides a brief overview of administrative closure and explains the impact of that decision on the future availability of administrative closure, as well as on cases that are currently administratively closed. The advisory suggests arguments challenging Matter of Castro-Tum that noncitizens may consider making in support of administrative closure of their cases. Finally, it discusses alternative mechanisms to dispose of or hold in abeyance proceedings in appropriate cases

Evidence and procedure Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Oct 8, 2019

Sanchez v. Sessions Practice Advisory

Sanchez v. Sessions was a landmark Ninth Circuit ruling on suppression of evidence and termination of removal proceedings. This advisory explains the decision, lays out the different legal standards for suppression and termination in immigration court, and highlights key holdings that practitioners can use to better defend their clients.

Removal defense Evidence and procedure Immigration court Court of appeals Direct PDF
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