BIA Edge

Practice resources

Practice resources

Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

More filters
Clear all
918 resources 24 sources 848 direct files
Common starting points
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
Topic: Removal defense Clear Workflow: Immigration court deadline Clear

Results

Showing 85-96 of 243 resources.

Sorted by Newest first
Immigrant Legal Resource Center Practice advisory Nov 2, 2022

New Options for Survivors of Trafficking and Domestic Violence

Survivors of human trafficking and of domestic or sexual violence often are charged and convicted of offenses that arose as a direct result of their exploitation. For noncitizens, the criminal record can cause deportation or destroy their eligibility for humanitarian visas. In the last five years, California has enacted multiple laws to avoid this injustice in criminal court, including a defense to a criminal charge and a vehicle to vacate a past conviction for survivors who were coerced to comm

Removal defense Crimes and categorical approach Consular practice Cross-forum Direct PDF
Direct PDF Source page Record
National Immigration Project Template motion Sep 1, 2022

Practitioner’s Notes for Template Prosecutorial Discretion Request: Joint Motion to Reopen an in Absentia Removal Order and Dismiss or, in the alternative, a Joint Motion to Reopen

This template is intended for practitioners who represent a client who has been ordered removed in absentia and is requesting prosecutorial discretion following the vacatur of DHS’s immigration enforcement priorities set out in the Mayorkas and Doyle Memoranda.

Removal defense Motions to reopen / reconsider Immigration court BIA Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Aug 31, 2022

Practice Advisory: Gathering Criminal Records for Immigration Matters

This practice advisory provides an overview of how to effectively gather criminal records for immigration matters. The advisory briefly reviews considerations for conducting a criminal contacts screening and for evaluating the possible implications of a noncitizen’s criminal history if they are applying for benefits before the United States Citizenship and Immigration Services (“USCIS”) or seeking a defense from removal in immigration courts (Section II). It then provides a summary of common cri

Removal defense Crimes and categorical approach Naturalization USCIS Immigration court Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Jul 12, 2022

Overview of California Post-Conviction Relief for Immigrants

Thousands of noncitizens in California are at risk of removal or cannot qualify for immigration relief because they have unlawfully imposed criminal convictions. The good news is that there are several options under California law to eliminate these convictions for immigration purposes, using post-conviction relief (PCR). This Advisory can help advocates to identify which of these forms of California PCR may help your client, and direct you to more resources about how to obtain it.

Removal defense Crimes and categorical approach Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Jun 29, 2022

Identifying Issues for a BIA Appeal

Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review. Often, reviewing the immigration judge’s decision for errors is a daunting task. It can be difficult to separate identifying issues to appeal, from the overwhelming sense of injustice that can result from a negative decision. This advisory will focus on reviewing decis

Removal defense BIA appeals Immigration court BIA Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Jun 28, 2022

Advocating for and Representing Clients with Mental Illness in Detained Immigration Removal Proceedings

Clients with mental illness have needs and vulnerabilities that present unique challenges in immigration proceedings. This practice advisory provides an overview on advocating for clients with mental health issues, specifically focusing on representation in the detained setting. The advisory discusses legal authority that an immigration practitioner can utilize to protect a client’s due process rights and ensure their client’s agency is respected and they have a meaningful opportunity to present

Removal defense Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Jun 27, 2022

Practice Advisory: Post-Conviction Relief Motions to Reopen

This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief. In addition, the advisory addresses the impact of the post-departure bar and reinstatement of prior removal order on post-conviction relief motions to reopen.

Removal defense Motions to reopen / reconsider Crimes and categorical approach Cross-forum Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Jun 24, 2022

Practice Advisory: Post-Conviction Relief Motions to Reopen

This practice advisory discusses motion to reopen strategies for noncitizens who have successfully obtained qualifying post-conviction relief. Section II distinguishes among motions to reopen, motions to remand, motions to reconsider, and motions to terminate. Section III provides an overview of motions to reopen. Section IV outlines the evidentiary requirements of motions to reopen. Section V summarizes exceptions to motions to reopen time and number limitations, including joint motions to reop

Removal defense Motions to reopen / reconsider Crimes and categorical approach Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Jun 6, 2022

VAWA Self-Petition Policy Updates (June 2022)

On February 10, 2022, USCIS released several VAWA Self-Petition policy changes. The changes include the nationwide implementation of two circuit court decisions and changes in USCIS’s interpretation of the joint residence requirement for VAWA Self-Petitioners. This practice advisory contains short summaries of USCIS’s VAWA Self-Petition policy changes.

Removal defense VAWA / U / T USCIS Court of appeals Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Mar 29, 2022

Adjustment of Status Through Special Immigrant Juvenile Status (SIJS) (June 2022)

This advisory gives an overview of the SIJS-based adjustment of status process. It will give step-by-step guidance for both the affirmative process, for young people who are not in removal proceedings, and for the defensive process, for young people who are in removal proceedings before the Executive Office for Immigration Review.

Removal defense Adjustment of status Special immigrant Immigration court Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Mar 25, 2022

2022 Case Update: Domestic Violence Deportation Ground

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for non-permanent residents or DACA.

Removal defense Crimes and categorical approach Children and SIJS Cross-forum Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Feb 11, 2022

How to Recapture/Retain and Utilize Priority Dates

This practice advisory contains numerous practical examples to assist in understanding how to recapture and retain priority dates in the family immigration context. It includes discussions and examples of how this concept intersects with other provisions of law, such as the Child Status Protection Act (CSPA), and adjustment of status under § 245(i) of the Immigration and Nationality Act (INA). A brief discussion and summary of the utilization of cross-chargeability of priority dates is also incl

Removal defense Family-based practice Adjustment of status Cross-forum Direct PDF
Direct PDF Source page Record