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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: Removal defense Clear Workflow: BIA, PFR, and federal court Clear

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Immigrant Legal Resource Center Template motion Mar 27, 2020

Understanding I-212s for Inadmissibility Related to Prior Removal Orders and the Permanent Bar

This advisory seeks to clarify when, where, and how to file an I-212. It also discusses certain special circumstances such as conditional I-212s, nunc pro tunc I-212s, and how a grant to TPS or advance parole may affect the need for an I-212. The advisory addresses strategic concerns such as deciding when to file a motion to reopen versus a conditional I-212, and assessing the risks of triggering other inadmissibility or enforcement issues when advising clients.

Removal defense Motions to reopen / reconsider Detention / bond Immigration court BIA Direct PDF
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
Immigrant Legal Resource Center Practice advisory Oct 2, 2019

How to Successfully Administratively Appeal Your Naturalization Denial

While the best-case scenario would be for United States Citizenship and Immigration Services (USCIS) to approve a person’s naturalization application, receiving a denial after a naturalization interview is not the end of the road. If USCIS denies the naturalization application, persons can seek a USCIS hearing to appeal the denial by submitting form N-336 (informally known as an administrative appeal). Although the process is simple, many do not take advantage of this process.

Removal defense Naturalization BIA appeals USCIS BIA Direct PDF
American Immigration Council Practice advisory Jul 11, 2019

Raids Response Materials for Individuals with Final Removal Orders

In anticipation of widespread raids in July 2019, the American Immigration Council has prepared template materials to assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review. ¹ Materials include templates of: (1) a general skeletal motion to reopen a removal order and motion to stay removal for filing with the Board of Immigration Appeals (BIA) or immigration court (for pro se and represented cases); (2) a skeletal motion to resci

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
ACLU Practice advisory Jul 9, 2019

Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap

Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap (July 2019) | American Civil Liberties Union Skip navigation document Practice Advisory: Constitutional Challenges to Mandatory Immigration Detention After Nielsen v. Preap (July 2019) Document Date: July 9, 2019 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
Immigrant Defense Project Practice advisory Jan 24, 2019

Practice Advisory: The Conviction Finality Requirement in Light of Matter of J.M. Acosta : The Law Circuit-by-Circuit and Practice Strategies Before the Agency and Federal Courts (January 24, 2019, by IDP)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
ACLU Practice advisory Oct 23, 2018

Practice Advisory: Bond Hearings for Individuals Subject to Prolonged Detention: Guerrero-Sanchez v. Warden, York County Prison

Practice Advisory: Guerrero-Sanchez v. Warden, York County Prison | American Civil Liberties Union Skip navigation document Practice Advisory: Guerrero-Sanchez v. Warden, York County Prison Document Date: October 23, 2018 Download document Download document Skip to PDF content

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
Immigrant Defense Project Practice advisory Jul 16, 2018

UPDATED Practice Advisory: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information: How to use Pereira v. Sessions to overcome the “stop-time” rule and, more broadly, to challenge Immigration Court jurisdiction (updated July 16, 2018, by IDP and NIP-NLG)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
ACLU Practice advisory Jul 1, 2018

Practice Advisory: Parole of Arriving Asylum Seekers who have Passed Credible Fear, Damus v. Nielsen

The American Civil Liberties Union, Center for Gender and Refugee Studies, Human Rights First, and Covington & Burling LLP filed a federal lawsuit challenging the Trump administration’s arbitrary detention of asylum seekers fleeing persecution, torture, or death in their countries of origin.

Detention / bond Federal court Removal defense Immigration court Federal district court Direct PDF
Immigrant Legal Resource Center Sample brief Jun 27, 2018

Case Update: The Domestic Violence Deportation Ground

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportability. Recent Board of Immigration Appeals and federal decisions, including the Supreme Court decision in Sessions v. Dimaya , significantly affect each of the four bases. This advisory will provide a brief overview of the deportation ground, and then outline the recent decisions and how they may affect representation in California and the Ninth Circuit. It includes an appendix analyzing common Califor

Removal defense BIA appeals BIA Court of appeals Direct PDF