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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: Evidence and procedure Clear

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Showing 73-84 of 239 resources.

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National Immigrant Justice Center Template motion Jul 17, 2019

Motion for Leave to Amend Filing

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

Evidence and procedure Immigration court BIA Direct PDF
National Immigrant Justice Center Sample brief Jul 17, 2019

Notice of amendments to I-589

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

Evidence and procedure Immigration court BIA Direct DOC
Immigrant Legal Resource Center Practice advisory Jul 11, 2019

Escalating Cases with USCIS and DHS

This practice advisory provides an overview of ways to advocate with USCIS and DHS components for solutions to individual case problems and systemic issues.

Evidence and procedure USCIS Direct PDF
American Immigration Council Practice advisory May 23, 2019

Reinstatement of Removal

“Reinstatement of removal” is a summary removal procedure pursuant to § 241(a)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1231(a)(5), 8 C.F.R. § 241.8. With limited statutory and judicial exceptions, the reinstatement statute applies to noncitizens who return to the United States without authorization after having been removed under a prior order of deportation, exclusion, or removal. Reinstatement orders can be issued anywhere in the United States and can be issued against nonc

Removal defense Evidence and procedure Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jan 3, 2019

Responding to Inappropriate RFEs and NOIDs in Special Immigrant Juvenile Status Cases

In July 2018, USCIS issued a new policy memorandum that limits the circumstances in which it will issue Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This practice advisory provides an overview of the law governing RFEs and NOIDs, outlines the changes to USCIS policy announced in the July 2018 policy memo, and sets forth a six-step process to follow when responding to requests for additional evidence. The advisory also includes sample arguments to make when responding to comm

Special immigrant Children and SIJS Evidence and procedure USCIS Direct PDF
American Immigration Council Practice advisory Sep 10, 2018

Motions for a Continuance

This Practice Advisory provides a practitioner-focused overview of motions to continue a case in removal proceedings, from the basics of making a continuance motion to jurisdictional bars to appellate review of continuances. It provides an overview of continuance practice in immigration court, summarizing guidance from the Executive Office for Immigration Review discouraging the use of continuances and case law establishing scenarios where continuances are appropriate. It also sets forth strateg

Removal defense Evidence and procedure Immigration court Direct PDF
American Immigration Council Practice advisory Aug 20, 2018

Bivens Basics : An Introductory Guide for Immigration Attorneys

Under the Supreme Court’s decision in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971), individuals—including noncitizens or those whom the government perceives to be noncitizens—may have access to a judicial remedy for conduct by federal agents that violates the U.S. Constitution. Although litigating Bivens claims in the immigration context has become increasingly challenging in recent years, a successful claim could result in compensatory and/or punitive

Evidence and procedure Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Jan 2, 2018

Introduction to Conditional Permanent Residence and Filing the Petition to Remove the Conditions on Residence (Form I-751)

This practice advisory is designed to introduce practitioners to the concept of Conditional Permanent Residence, and to explain the requirements and processes for removing the conditions on residence, thereby enabling the conditional resident to obtain Lawful Permanent Residence that can last indefinitely.

Evidence and procedure Cross-forum Direct PDF