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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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Immigrant Legal Resource Center Practice advisory Mar 2, 2018

U Nonimmigrant Status as a Defense from Removal for Lawful Permanent Residents

In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may also be a particularly important form of removal defense for certain lawful permanent residents (LPRs) facing deportation, likely on the basis of criminal convictions. This Practice Advisory provides an

Removal defense Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 8, 2018

SB 54 and the California Values Act: A Guide for Criminal Defenders

This advisory discusses the provisions of SB 54 (De Leon) and the California Values Act, relevant to criminal defense counsel who represent noncitizen clients. In addition to discussing specific provisions of the California Values Act, this advisory discusses how to incorporate this new law into your defense practice.

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 1, 2018

Clean Slate for Immigrants: Reducing Felonies to Misdemeanors Using Penal Code § 18.5, Prop 47, Penal Code § 17(b)(3), & Prop 64

In the past four years, California voters and the California Legislature have created many new mechanisms for people to reclassify, vacate, and resentence offenses to eliminate the ongoing impact of criminal convictions. This advisory discusses how these new laws can benefit immigrants and can erase or mitigate certain criminal grounds of removability.

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Jan 2, 2018

New California Pretrial Diversion for Minor Drug Charges

As of January 1, 2018, California has changed its “Deferred Entry of Judgment” program to a true “pretrial diversion” program. See Penal Code § 1000, amended by AB 208. Qualifying defendants charged with minor drug offenses can participate in pretrial diversion without incurring a drug conviction for immigration purposes. This Advisory will discuss how pretrial diversion works, and how to assist immigrants who went through the old Deferred Entry of Judgment.

Crimes and categorical approach Children and SIJS Entry and admission Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Aug 30, 2017

Immigration Consequences of Driving under the Influence

This practice advisory goes through all of the ways that an arrest or conviction for California driving under the influence (DUI) can affect an immigrant, and reviews possible changes to the law. It also will discuss reckless driving as an alternative to DUI.

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Defense Project Practice advisory Jun 8, 2017

Esquivel-Quintana v. Sessions

Practice advisory on the Supreme Court’s Esquivel-Quintana decision and its effect on the aggravated-felony sexual-abuse-of-a-minor ground and related crim-imm arguments.

Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 5, 2017

Supreme Court Rules on Sexual Abuse of a Minor

Cal. P.C. § 261.5(c) is not an aggravated felony, but the law may change for the worse on § 261.5(d) Esquivel Quintana v. AG Sessions (May 30, 2017)

Removal defense Crimes and categorical approach Children and SIJS Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 28, 2017

Understanding Allegations of Gang Membership/Affiliation in Immigration Cases

Immigrants who are alleged to be involved with gangs are top immigration enforcement priorities for the Department of Homeland Security (DHS). This is true even if they have no criminal convictions and DHS is targeting them based on allegations alone. If such individuals choose to apply for immigration benefits, they may be exposing themselves to serious risk. This practice advisory discusses what gangs and gang databases are, how allegations of gang membership arise in immigration cases, the ov

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 10, 2017

Practice Advisory: Aggravated Felonies

The immigration statute designates certain types of crimes as “aggravated felonies.” See INA § 101(a)(43), 8 USC § 1101(a)(43). These are the most dangerous type of convictions for a noncitizen. Despite the name, this definition reaches offenses that are neither felonies nor aggravated. It can include selling $10 worth of marijuana, a misdemeanor shoplifting offense with a one-year suspended sentence, or failure to appear at a criminal hearing. The person must be convicted of the offense, not me

Crimes and categorical approach Immigration court Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings

This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.

Crimes and categorical approach Federal court Federal district court Direct PDF
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