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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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Immigration court deadline 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
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NIWAP Library Amicus brief Oct 2, 2023

Agriprocessors Postville, Iowa

Amicus brief filed for the reversal of the decision by the Court of Appeals from the Eighth Circuit in the case of the Immigration and Customs Enforcement (ICE)’s workplace raid at the Agriprocessors meatpacking plant in Postville, Iowa. ICE demonstrated the practical effects of failing to require knowledge of the defining element of 18 US.C. § 1028A—whether the identification at issue is “of another person.” In Postville, the crime of aggravated identity theft, which carries a two-year mandator

Employment BIA Court of appeals Direct PDF
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NIWAP Library Amicus brief Oct 2, 2023

Esteban Cabezas

Esteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono)

Removal defense VAWA / U / T BIA Direct PDF
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NIWAP Library Amicus brief Oct 2, 2023

Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo

Francisco 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,

VAWA / U / T Children and SIJS BIA Direct PDF
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NIWAP Library Amicus brief Oct 2, 2023

Hawke v. Department of Homeland Security

Hawke 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

VAWA / U / T Federal district court Direct PDF
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NIWAP Library Amicus brief Oct 2, 2023

Kewan

Kewan, 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)

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
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NIWAP Library Amicus brief Oct 2, 2023

Leiva-Mendoza v. Holder

Leiva-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

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
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NIWAP Library Amicus brief 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)

Family-based practice BIA Court of appeals Direct PDF
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NIWAP Library Amicus brief Oct 2, 2023

S.K.E.R. v. William P. Barr

S.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).

Asylum BIA Court of appeals Direct PDF
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NIWAP Library Amicus brief Oct 2, 2023

United States v. State of Arizona and Janice K. Brewer Governor

United 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

Evidence and procedure BIA Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Sep 27, 2023

Practice Alert: Recent Developments in the DACA Litigation

On September 13, 2023, Judge Andrew S. Hanen, a federal judge in the Southern District of Texas, ruled that the Biden administration’s final DACA rule, issued in August 2022, is unlawful. Judge Hanen previously ruled in July 2021 that the 2012 DACA memorandum, which preceded the rule, was. His earlier ruling was affirmed by the U.S. Court of Appeals for the Fifth Circuit, but the appellate court sent the case back to Judge Hanen to consider whether there are any material differences between the

BIA appeals Federal court BIA Court of appeals Direct PDF
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NIWAP Library Amicus brief Sep 27, 2023

Traore v. Mukasey

Amicus 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

Asylum BIA Direct PDF
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NIWAP Library Amicus brief Sep 26, 2023

Harrison v. Harrison

Harrison 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)

Family-based practice Court of appeals Direct PDF
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