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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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National Immigration Project Practice advisory Aug 27, 2025

O.C.V. v. Bondi: Tenth Circuit Vacates Matter of M-R-M-S-

On August 26, 2025, the Tenth Circuit issued a published decision, O.C.V. v. Bondi , vacating the Board of Immigration Appeals presidential decision Matter of M-R-M-S- , which had wrongfully held that if a persecutor had any motivation other than animus toward the family group, an asylum seeker could not prevail on a family-based asylum claim. The Tenth Circuit rejected this narrowed definition of nexus. The case was litigated in federal court by the Center for Gender and Refugee Studies and the

Asylum Detention / bond Family-based practice BIA Court of appeals Direct PDF
National Immigration Project Practice advisory Aug 18, 2025

Risk Assessment for Naturalization Applicants

Naturalization remains the best defense against immigration enforcement for many LPRs. However, some red flag issues that could cause an LPR to be denied naturalization and even detained and deported. Thorough screening is crucial to make sure that an LPR is able to make an informed decision about whether to pursue naturalization. This practice advisory summarizes the most common reasons why USCIS may deny an N400, provides guidance for ways to screen and avoid an N-400 denial and removal procee

Removal defense Naturalization USCIS Direct PDF
Immigrant Legal Resource Center Practice advisory Aug 14, 2025

Risk Assessment for Naturalization Applicants

For many noncitizens, naturalization is the best defense against deportation from the United States. Indeed, USCIS lacks the authority to detain or deport a U.S. citizen. However, applying for naturalization can be risky for some individuals because it can instigate immigration enforcement. This concern has increased following President Trump’s February 28, 2025 NTA Memo. The ILRC, NIPNLG, CLINIC, and the Ready to Stay collaborative wrote a practice advisory summarizing the most common reasons w

Removal defense Naturalization USCIS Direct PDF
Immigrant Legal Resource Center Practice advisory Aug 7, 2025

Naturalization Update: Policy Manual Revisions to the Disability Waiver

This practice advisory provides background on the disability waiver of the English and civics requirement for naturalization and describes the June 2025 revisions to the USCIS Policy Manual (PM) on the submission and review of disability waivers. The revised guidance in the PM applies to applications filed on or after the publication date of June 13, 2025. Overall, the PM revisions signal a change in tone that assumes fraud in the disability waiver process is frequent and encourages increased sc

Naturalization Waivers USCIS Direct PDF
National Immigration Project Practice advisory Jul 25, 2025

Fighting for a Day in Court: Understanding and Responding to Pretermission of Asylum Applications

Immigration Judges have increasingly begun to pretermit asylum applications--often ordering asylum seekers removed without ever having a chance to have a hearing on their claims. This Practice Advisory (PA) discusses a recent Policy Memo by the Executive Office for Immigration Review Acting Director and a recent Board of Immigration Appeals decision, which have prompted judges to pretermit cases. The PA also contains practical tips on how to fight this practice.

Asylum Removal defense BIA appeals Immigration court BIA Direct PDF
National Immigration Project Chart Jul 22, 2025

Comparison Chart of the Immigration-Related Fee Changes Brought by H.R.1 the So-Called One Big Beautiful Bill Act

On July 4, President Trump signed H.R. 1, the “One Big Beautiful Bill Act.” The Act creates a new fee regime for matters before USCIS and EOIR and for certain people apprehended by DHS. The National Immigration Project has created this chart as a reference tool for understanding the fee increases and the new fees brought by this law.

Evidence and procedure USCIS Direct PDF
NIWAP Library Amicus brief Jul 14, 2025

Equal Employment Opportunity Commission v. Koch Foods

Equal Employment Opportunity Commission v. Koch Foods. NIWAP Inc. collaborated with Latino Justice, the law firms of Arnold and Porter and Procopio, and Legal Momentum to submit an amicus brief to the 5th Circuit Court of Appeals in an interlocutory appeal of a Federal District Court decision to allow an employer who employed supervisors who perpetrated rape, sexual assault, felonious assault, extortion, sexual harassment and other discrimination against workers to use civil court discovery in a

Employment VAWA / U / T BIA Federal district court Direct PDF
Immigrant Legal Resource Center Template motion Jul 1, 2025

Responding to DHS Motions to Recalendar

In recent months, the Department of Homeland Security has begun filing thousands of motions to recalendar administratively closed proceedings. This trend is raising questions about how attorneys and accredited representatives can respond to these motions and protect their clients’ interests, particularly in cases that have been administratively closed for many years. This advisory explores those questions and offers strategy considerations when determining how to proceed in each case.

Removal defense Immigration court BIA Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 25, 2025

Reopening Removal Proceedings Based on the Ineffective Assistance of Prior Counsel

This practice advisory focuses on motions to reopen based on ineffective assistance of prior counsel. It reviews the basic requirements of motions to reopen and then dives into the specific procedural and substantive requirements of motions to reopen based on the ineffective assistance of prior counsel. It discusses the time and numerical limitations on motions to reopen and how to use the doctrine of equitable tolling to overcome these limitations. It also covers what documents should accompany

Removal defense Motions to reopen / reconsider Cross-forum Direct PDF
NIWAP Library Amicus brief Jun 18, 2025

Aylaliya Assefa Birru v. Barr

Aylaliya Assefa Birru v. Barr (January 11 2021) 9th Circuit Court of Appeals. NIWAP, represented by Baker McKenzie, is lead amicus in a brief on behalf of an immigrant domestic violence victim who is seeking relief under the Violence Against Women Act’s domestic violence victim waiver in her VAWA cancellation of removal case. The Board of Immigration Appeals and the immigration judge denied her the ability to present evidence of waiver eligibility.

Removal defense VAWA / U / T Immigration court BIA Direct PDF
National Immigrant Justice Center Template motion Jun 18, 2025

Bond Motion (Sample)

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

Detention / bond Immigration court BIA Direct PDF