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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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Showing 73-84 of 87 resources.

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Immigrant Legal Resource Center Practice advisory Jun 24, 2016

Advisory on Deportable Crimes of Domestic Violence: Matter of H. Estrada

A noncitizen who is convicted of a “crime of domestic violence” is deportable. INA 237(a)(2)(E)(i), 8 USC 1227(a)(2)(E)(i). In Matter of H. Estrada the BIA reaffirmed that the categorical approach must be used to determine that the offense is a “crime of violence” under 18 USC § 16, but it held that the circumstance-specific approach can be used to determine whether the victim and defendant shared the required domestic relationship. Under that approach, the BIA found that ICE can use any reliabl

Crimes and categorical approach BIA appeals BIA Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Apr 17, 2015

Practice Advisory: Return to the United States After Prevailing on a Petition for Review or Motion to Reopen or Reconsider

This practice advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or a motion to reopen or reconsider to the immigration court or Board of Immigration Appeals (BIA).

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Jan 15, 2013

Practice Advisory: Matter of Davey & the Categorical Approach

This practice advisory discusses the Board of Immigration Appeals (BIA) decision in Matter of Davey, 26 I&N Dec. 37 (BIA 2012) and its holding that the categorical approach does not apply to the “possession of 30 grams of marijuana” exception to deportability found in 8 U.S.C. § 1227(a)(2)(B)(i), INA § 237(a)(2)(B)(i).

BIA appeals Immigration court BIA Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Oct 15, 2012

Arguing That a California Infraction is Not a Conviction; Test for Non-Misdemeanor Offenses

Practice Advisory: The BIA held that a violation of a Kansas municipal ordinance is a conviction for immigration purposes despite the lack of appointed defense counsel or right to a jury trial in those proceedings. Matter of Cuellar , 25 I&N Dec. 850 (BIA 2012).

Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 1, 2011

Conviction on Direct Appeal of Right Remains a “Conviction” for Immigration Purposes

Planes v. Holder (9th Cir. July 5, 2011): Criminal defenders must assume that filing a timely direct appeal of right will not prevent a conviction from having immigration effect. This is a change in the law, created by Planes v. Holder , supra . Advocates will file a petition for rehearing and there is a good chance that this will be granted, and a reasonable chance, although no guarantee, that Planes may be reversed.

Crimes and categorical approach BIA appeals BIA Direct PDF
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AAO Practice Manual Practice manual No date

AAO Practice Manual

Official USCIS Administrative Appeals Office manual for appeals, motions, certifications, representation, and filing practice.

BIA appeals Adjustment of status Employment USCIS
Open source Record
BIA Practice Manual Practice manual No date

BIA Practice Manual

Official practice manual for appeals and motions before the Board of Immigration Appeals.

BIA appeals Motions to reopen / reconsider Evidence and procedure BIA
Open source Record
EOIR Policy Manual Policy manual No date

EOIR Policy Manual

Official EOIR policy manual covering immigration courts, the Board of Immigration Appeals, and OCAHO practice.

Removal defense BIA appeals Evidence and procedure Immigration court BIA
Open source Record