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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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NIWAP Library Amicus brief Jun 15, 2024

he Federal District Court granted Ms. Soto Alvarado’s Motion

In a case brought in Federal District Court in Rhode Island an abused spouse whose VAWA self-petition had been approved challenged USCIS’s revocation of her approved petition. The self-petitioner was divorced from her abuser and remarried after filing the self-petition but before the self-petition had been approved. The court’s ruling allows the self-petitioner to fully litigate her challenge the USCIS’s revocation of her self-petition due to remarriage in Federal District Court. The court’s rul

Removal defense Federal court VAWA / U / T USCIS Federal district court Direct PDF
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National Immigration Project Practice advisory Jun 13, 2024

Practice Advisory: Representing Immigrant Clients Affected by the Racial Bias of the Criminal Legal System: Mitigating the Effect of Past Racial Bias When Seeking Discretionary Relief and Bond

This practice advisory, along with the accompanying report, Bias in the Criminal Legal System: A Report Aggregating Social Science Research and Reporting on Racial Bias in the Criminal Legal System, and template brief , provides a framework for you to make legal arguments and introduce evidence during your client’s immigration court proceedings if they are seeking discretionary relief or requesting bond. You can use this advisory and the accompanying report to argue that the immigration judge sh

Detention / bond Crimes and categorical approach BIA appeals Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Jun 11, 2024

Practice Alert: EOIR Final Rule on Administrative Closure and Termination

On July 29, 2024, an important new Executive Office for Immigration Review final rule, Efficient Case and Docket Management in Immigration Proceedings, goes into effect. Among other things, the rule codifies the authority of immigration judges and the Board of Immigration Appeals to administratively close and terminate removal proceedings. This practice alert describes this rule’s origins and summarizes its key provisions.

Removal defense BIA appeals Immigration court BIA Direct PDF
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ASISTA Practice advisory Jun 1, 2024

ASISTA Practice Advisory: Establishing Employment Authorization for T and U Nonimmigrants Without an EAD Card (Updated in June 2024)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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ASISTA Practice advisory Jun 1, 2024

ASISTA Practice Advisory: Establishing Employment Authorization for T and U Nonimmigrants Without an EAD Card (Updated in June 2024)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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ASISTA Practice advisory Jun 1, 2024

ASISTA Practice Advisory: Reinstatement of Removal and Immigrant Survivors (June 2024)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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NIWAP Library Amicus brief May 2, 2024

Wilkinson v. Garland (September 2023) US Supreme Court.

NIWAP participated in an amicus brief on writ of certiorari to the US Court of Appeals of the Third Circuit to ensure that courts review BIA hardship determinations for immigrant victims of domestic violence seeking cancellation of removal under VAWA. SCOTUS ruled in favor of Wilkinson, holding that the application of the exceptional and extremely unusual hardship standard to an established set of facts is a mixed question of law and fact that is reviewable under 1252(a)(2)(D). This ruling gives

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
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NIWAP Library Resource directory Apr 25, 2024

Federal Preemption in Immigration Law

Friendly House Et Al., V. Michael B. Whiting Et Al ., (June 11, 2010) United States District Court Arizona. Legal Momentum, recruited by the ACLU, MALDEF, The National Immigration Law Center, and the Asian Pacific American Legal Center (represented by Manatt, Phelps, and Phillips) to organize a brief articulating immigrant women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070

Removal defense Federal court Federal district court
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NIWAP Library Resource directory Apr 25, 2024

Gender-Based Asylum

Vallabhaneni (September 27 2001) Board of Immigration Appeals. NOW Legal Defense Fund and others filed this amicus in support of the appeal by Aruna C. Vallabhaneni of the decision of the Immigration Judge denying her application for political asylum despite an undisputed record of years of severe domestic violence and her inability to obtain protection from the government of India. The record before the judge established that Ms. Vallabhaneni was persecuted in the past and that she has a well-f

Asylum BIA appeals Immigration court BIA
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NIWAP Library Resource directory Apr 25, 2024

Public Benefits Access for Immigrants

Jane Doe v. Claire McIntire (August 10, 2001) Commonwealth of Massachusetts Supreme Judicial Court. NOW Legal Defense Team, represented by Foley, Hoag & Eliot, Pro Bono, filed an amicus brief appealing a denial of TANF benefits to two immigrant women lawfully residing in Massachusetts, the denial was based on six month residence requirement before receiving benefits. One woman was fleeing domestic violence and the other residing with family during pregnancy.

Family-based practice BIA appeals BIA Direct PDF
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NIWAP Library Resource directory Apr 25, 2024

Special Immigrant Juvenile Status

Guardianship of S.H.R. v. Jesus Rivas (March 21, 2022; August 15, 2022) Supreme Court of California. NIWAP, represented by Manatt, Phelps and Phillips, filed an amicus brief in the Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS predicate findings. The amicus brief detailed the legislative and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of Appeals directly contradicts this

BIA appeals Federal court Special immigrant Immigration court BIA Direct PDF
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NIWAP Library Resource directory Apr 25, 2024

Trauma, Testimony, and Adult Victims

Gabriel Perez Cruz v. Barr , (July 2 2020) U.S. Court of Appeals 9th Circuit. NIWAP assisted the Family Violence Appellate Project in California in developing, securing social science support for and national sign ons from 16 organizations nationally for this 9th Circuit Amicus Brief in which we were represented by Haney and Boone LLP. The brief discussed the mental health impact of domestic violence and coercive control in abusive relationships and perpetrators who coerce their victims into com

Removal defense Family-based practice BIA appeals BIA Court of appeals
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