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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 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
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American Immigration Council Practice advisory Jul 14, 2016

How to File a Petition for Review

Noncitizens 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.

Removal defense BIA appeals Federal court BIA Court of appeals Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

How to Get Judicial Relief Under 8 USC 1447(b) for a Stalled Naturalization Application

Section 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.

Naturalization Federal court USCIS Federal district court Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Introduction to Habeas Corpus

This 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.

Federal court Federal district court Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Judicial Review Provisions of The REAL ID Act

On 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.

Removal defense Federal court Court of appeals Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court

This 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.

Federal court Court of appeals Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings

This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.

Crimes and categorical approach Federal court Federal district court Direct PDF
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NIWAP Library Amicus brief Nov 11, 2015

U.S. District Court for the Northern District of Georgia Atlanta Division ruling

U.S. District Court for the Northern District of Georgia decision regarding Plaintiff’s (European Connections & Tours) challenge of IMBRA under the First and Fifth Amendments of the Constitution; specifically challenging the portions of the IMBRA statute relating to the disclosure of background information and the definition of International Marriage Brokers. Court dismissed the Plaintiff’s Complaint.

Removal defense Family-based practice Federal court Federal district court Direct PDF
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ACLU Practice advisory Nov 6, 2015

Challenging Detention Without a Bond Hearing Pending Removal Proceedings

Challenging Detention Without a Bond Hearing Pending Removal Proceedings | American Civil Liberties Union Skip navigation Fact Sheet Challenging Detention Without a Bond Hearing Pending Removal Proceedings Document Date: November 6, 2015 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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National Immigration Litigation Alliance Resource directory No date

NILA Practice Advisories and Templates

National Immigration Litigation Alliance page collecting litigation-oriented practice advisories, templates, and sample filings.

Federal court BIA appeals Motions to reopen / reconsider Court of appeals Federal district court
Open source Record
National Immigration Litigation Alliance Practice advisory No date

Asylum EAD Clock Settlement Agreement FAQs: Garcia Perez v. USCIS

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Federal court Motions to reopen / reconsider Federal district court Court of appeals Direct PDF
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