Practice Advisories & Brief Bank
Public immigration practice advisories, sample briefs, template motions, amicus briefs, and government guidance, organized in one searchable index and linked to the original host.
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| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-SuazoFrancisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo Emergency petition for writ of superintending control to the New Mexico Supreme Court in a sexual assault case in which a state court judges ordered U visa applicant victims to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected case in violation of federal law. NIWAP is being represented in this appeal by Skadden, Why it matters: Useful as an amicus or advocacy example on VAWA / U / T; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
VAWA / U / T
Children and SIJS
BIA
|
Oct 2, 2023 | |
Hawke v. Department of Homeland SecurityHawke v. Department of Homeland Security, the United States District Court for the District of Northern California (September 29, 2008). Filed an amicus brief discussing the history and purpose of VAWA Confidentiality created in 1996 (expanded in 2000 and 2005) as Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). In this case of first impression, the Court clarified that VAWA confidentiality provisions protect victims filing for VAWA immigration r Why it matters: Useful as an amicus or advocacy example on VAWA / U / T; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
VAWA / U / T
Federal district court
|
Oct 2, 2023 | |
Hoffman Plastic Compounds, Inc. v. National Labor Relations BoardHoffman Plastic Compounds, Inc. v. National Labor Relations Board, Supreme Court Of The United States (2001) filed an amicus brief supporting the importance of back pay remedies when labor laws are violated including relief for undocumented workers. Filed a second amicus brief regarding a Government of Mexico requested advisory opinion from the Inter-American Court of Human Rights (2002) concerning when a member nation of the Organization of American States (USA) limits labor law remedies availa Why it matters: Useful as an amicus or advocacy example on Employment; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Employment
Cross-forum
|
Oct 2, 2023 | |
KewanKewan, U.S. Court of Appeals for the 9th Circuit (2005). Amicus brief discussing research data and the dynamics of domestic violence against male victims and VAWA’s gender neutrality offering protection to both male and female victims. (Northwest Immigrant Rights Project) Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Removal defense
VAWA / U / T
BIA
Court of appeals
|
Oct 2, 2023 | |
Leiva-Mendoza v. HolderLeiva-Mendoza v. Holder, United States Court Of Appeals For The 8th Circuit (April 2 2011) discusses how a child’s witnessing of serious domestic violence perpetrated against their parent is a basis for granting VAWA cancellation of removal to children who witness domestic violence perpetrated against their parent even in cases in which the children have not themselves been abused. This amicus brief provided the court with the relevant research data on harm to children of witnessing abuse in the Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 8th Circuit Direct PDF available |
Removal defense
VAWA / U / T
BIA
Court of appeals
|
Oct 2, 2023 | |
Ruiz v. Carrasco ,Amicus brief in the case of Antonio Ruiz v. Wendy R. Carrasco, case nos. 98-FM-39 98-FM-40 on issues of civil protection orders. Ruiz v. Carrasco, DC Court of Appeals (1997) Filed an Amicus Brief was in support of a court issuing a protection order prohibiting an abusive husband from reporting his wife to government officials including (INS). (Piper Marbury Rudnick & Wolfe, Pro Bono) Why it matters: Useful as an amicus or advocacy example on Family; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Family-based practice
BIA
Court of appeals
|
Oct 2, 2023 | |
S.K.E.R. v. William P. BarrS.K.E.R. v. William P. Barr. NIWAP filed an amicus curiae brief on behalf of a Honduran woman who was a victim of domestic violence. The brief discusses the complexity of domestic violence and how the victim was unable to physically remove herself from her abuser due to fear of his retaliation. This amicus was filed in the 5th Circuit Federal Court of Appeals. Winston and Strawn LLP (April 8, 2019). Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 5th Circuit Direct PDF available |
Asylum
BIA
Court of appeals
|
Oct 2, 2023 | |
United States v. State of Arizona and Janice K. Brewer GovernorUnited States v. State of Arizona and Janice K. Brewer Governor, United States Court of Appeals for the 9trh Circuit. (2010) Submitted an amicus brief in the 9th Circuit case in support of the United States position that Arizona law SB 1070 unconstitutionally interferes with federal immigration laws designed to help immigrant victims of domestic violence, sexual assault, human trafficking and other crimes. It undermines federal laws guaranteeing that all persons in the United States have access Why it matters: Useful as an amicus or advocacy example on Evidence / Procedure; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Evidence and procedure
BIA
Court of appeals
|
Oct 2, 2023 | |
Traore v. MukaseyAmicus brief compiled by International Women’s Human Rights Law Clinic and Legal Momentum among others which seeks to reverse BIA’s denial of gender-based asylum for appellant Alima Traore. The case argues that Traore has established eligibility for asylum, withholding of removal, and protection under the Convention Against Torture because she has endured past persecution in the form of female genital mutilation (“FGM”), has a well-founded fear of future persecution, and likely faces torture and Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Asylum
BIA
|
Sep 27, 2023 | |
Harrison v. HarrisonHarrison v. Harrison, Kentucky, Fayette Circuit Court 3rd Division (2002) Amicus Brief explaining misuse of protection orders to penalize victims and discourage them from seeking legal relief, “mutual” protection orders as contrary to public policy, and the safety of DV victims as directly related to batterer responsibility enforced in the legal system. (Wiley, Rein & Fielding, Pro Bono) Why it matters: Useful as an amicus or advocacy example on Family; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Family-based practice
Court of appeals
|
Sep 26, 2023 | |
Meredith v. Muriel K&L GatesMeredith v. Muriel, Supreme Court of the State of Washington, (2009). Submitted two amicus briefs one on behalf of Legal Momentum and a second on behalf of the National Network to End Violence Against Immigrant Women in a case in which an abuser appealed the issuance of a protection order containing a prohibition against the abuser communicating with the Department of Homeland Security regarding his wife. One brief (K & L Gates, Pro Bono) provided social science documentation of the harm to vict Why it matters: Useful as an amicus or advocacy example on Family; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Family-based practice
BIA
|
Sep 26, 2023 | |
Rosa Marisol Avelar OlivaAmicus Brief in Matter of Rosa Marisol Avelar Oliva, NIWAP filed an amicus curiae brief on behalf of an El Salvadorian woman who suffered child abuse and was held in isolation for years. The Immigration Judge found that she was not credible. The brief discussed the psychological and developmental effects of trauma and how childhood rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain Why it matters: Useful as an amicus or advocacy example on Asylum; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Asylum
Immigration court
|
Sep 25, 2023 |