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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 Jun 21, 2021

Advocating for Clients in Removal Proceedings Using the OPLA Prosecutorial Discretion Memo

ICE enforcement priorities have changed under the Biden administration , signaling a return to the use of prosecutorial discretion. On May 27, 2021, the ICE Principal Legal Advisor issued guidance for OPLA attorneys about how and when to exercise prosecutorial discretion during various stages of removal proceedings. EOIR subsequently issued its own memo discussing EOIR policies related to the enforcement priorities. Building upon our previous practice advisory, Advocating for Clients under the B

Removal defense Cross-forum Direct PDF
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Immigrant Defense Project Practice advisory Jun 3, 2021

Practice Advisory: “Realistic Probability” in Immigration Categorical Approach Cases (June 3, 2021) (by IDP and NIP-NLG)

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Crimes and categorical approach Removal defense Immigration court BIA Direct PDF
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National Immigration Project Practice advisory May 31, 2021

Practice Alert Update: Proposed Criminal Bars to Asylum - Current Status of Regulations Governing Eligibility for Asylum and (c)(8) EAD

On July 9, 2020, NIPNLG published a Practice Alert examining the intersection of the criminal bars proposed in those regulations. In the latter half of 2020, final versions of all three proposed rules were issued, and were subsequently challenged in litigation before their effective dates. This Practice Alert provides an update on the current status of the rules as they apply to asylum seekers with criminal contacts in light of the litigation developments. As these proceedings are ongoing, this

Asylum Removal defense Crimes and categorical approach Cross-forum Direct PDF
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NIWAP Library Amicus brief May 12, 2021

Petition for asylum was granted and remand for further proceedings by Circuit Judge Graber and Judge Richard A. Paez (04/05/21)

In this opinion the 9th Circuit Federal Court of Appeals ruled that Rodrigues Tornes is eligible for gender based asylum because her domestic abusers (both her former husband and later another former intimate partner) persecuted her for her feminist opinions and views on her rights as a woman. In this case issued after both “Matter of A-B- I” and “Matter of A-B- II the 9th Circuit federal court of appeals ruled that a woman who was persecuted by domestic abusers because of a feminist political o

Asylum Removal defense BIA Court of appeals Direct PDF
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National Immigration Project Practice advisory May 5, 2021

Advocating for Immigrant Survivors of Medical Abuse at the Irwin County Detention Center

This practice advisory is intended to assist individuals seeking damages, stays of deportation, and long-term immigration relief based on medical abuse suffered at ICDC. This practice advisory explains how to determine eligibility and file administrative claims under the Federal Torts Claims Act (“FTCA”) for monetary damages, stays of removal with Immigration and Customs Enforcement (“ICE”), administrative complaints with the DHS Office for Civil Rights and Civil Liberties (“CRCL”), and U Visa c

Removal defense Detention / bond Consular practice Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 14, 2021

Pereida v. Wilkinson and California Offenses

In Pereida v. Wilkinson, 141 S.Ct. 754 (March 4, 2021), the Supreme Court issued another opinion on the categorical approach, which is the analysis authorities use to decide whether a criminal conviction triggers removal grounds. Pereida focuses on the “modified” categorical approach, which is how courts approach a conviction under a statute that sets out multiple, separate, offenses (a “divisible” statute). Pereida overruled Marinelarena v. Barr , 930 F.3d 1039 (9th Cir. 2019) (en banc).

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 23, 2021

Advocating for Clients under the Biden Administration’s Interim Enforcement Priorities

ICE enforcement policies have changed under the Biden administration, and opened new opportunities to defend your clients from arrest, detention, and deportation. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the interim enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.

Removal defense Detention / bond Cross-forum Direct PDF
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Immigrant Legal Resource Center Sample brief Mar 16, 2021

TPS for Venezuela: An Overview

The Biden administration announced the designation of Venezuela for TPS, effective March 9, 2021 through September 9, 2022. TPS provides protection from removal, work authorization, and the option to request permission to travel abroad. The 180-day registration period is currently open through September 5, 2021. This advisory provides an overview of the requirements and application process for TPS for Venezuela. It also includes a brief summary of Deferred Enforced Departure (DED) for Venezuela

Removal defense Special immigrant Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Mar 10, 2021

Overview of Pereida v. Wilkinson for Immigration and Criminal Defense Counsel

On March 4, 2021, the Supreme Court issued Pereida v. Wilkinson , No. 19-438 (2021), a 5-3 opinion damaging to noncitizens with past criminal convictions who intend or need to seek relief in removal proceedings. The decision creates a national rule concerning the impact of inconclusive criminal court plea and conviction documents for noncitizens applying for relief from removal in immigration proceedings, specifically in cases where the modified categorical approach applies. This practice alert

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Feb 19, 2021

Community FAQ: February 18 ICE Enforcement Memo

The February 18 memo overrides the January 20 memo and is significantly weaker. The new memo creates additional “priorities” for removal; allows ICE officers to arrest and deport people who fall into these “priorities” without prior approval; and undoes the “pause” on removals from the January 20 memo. However, the memo is clear that it is only an interim memo and that the DHS Secretary will publish new rules for ICE officers, likely within 90 days.

Removal defense Cross-forum Direct PDF
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National Immigration Project Practice advisory Feb 19, 2021

Primer on Due Process Provisions of USCA

This primer summarizes some of the key provisions of the United States Citizenship Act of 2021 (USCA, sometimes referred to as the “Biden bill”) relating to due process protections in the immigration court system and in removal proceedings.

Removal defense Naturalization Immigration court Direct PDF
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