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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 85-96 of 243 resources.

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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
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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
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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
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Immigrant Legal Resource Center Practice advisory Sep 7, 2016

Elevating Delayed DACA Renewal Request

This advisory describes how practitioners with clients whose DACA renewal is outside of processing time or whose biometrics appointment notice is delayed can elevate their cases for resolution with USCIS.

Evidence and procedure USCIS Direct PDF
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American Immigration Council Practice advisory Aug 10, 2016

Practice Tip: Responding to a Request for Evidence

This Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response. It also includes advice about how to review the RFE, prepare the client, assess the evidence, obtain additional evidence, and structure the response. While the immediate goal of an RFE response is to obtain petition approval, building a strong administrative record is crucial if federal court review becomes a mu

Federal court Evidence and procedure Cross-forum Direct PDF
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American Immigration Council Practice advisory Jul 18, 2016

Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD.

Asylum Evidence and procedure Immigration court Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

How to File a Petition for Review

Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.

Removal defense BIA appeals Federal court BIA Court of appeals Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Motions to Suppress in Removal Proceedings: A General Overview

This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.

Removal defense Evidence and procedure Cross-forum Direct PDF
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