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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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American Immigration Council Practice advisory Aug 10, 2016

Practice Tip: Building the Record for Employment-Based Petitions

We encourage business immigration practitioners to consider using litigation as a tool to achieve client objectives. This Practice Tip outlines how you can build a strong administrative record to set the stage for challenging the denial of a client’s visa petition in federal court.

Employment Federal court Consular practice Cross-forum Direct PDF
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American Immigration Council Practice advisory Aug 10, 2016

Practice Tip: Responding to a Request for Evidence

This Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response. It also includes advice about how to review the RFE, prepare the client, assess the evidence, obtain additional evidence, and structure the response. While the immediate goal of an RFE response is to obtain petition approval, building a strong administrative record is crucial if federal court review becomes a mu

Federal court Evidence and procedure Cross-forum Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Finality of Removal Orders for Judicial Review Purposes

The Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review.

Removal defense BIA appeals Federal court Immigration court BIA Direct PDF
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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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