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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 24, 2016

Advisory on Deportable Crimes of Domestic Violence: Matter of H. Estrada

A noncitizen who is convicted of a “crime of domestic violence” is deportable. INA 237(a)(2)(E)(i), 8 USC 1227(a)(2)(E)(i). In Matter of H. Estrada the BIA reaffirmed that the categorical approach must be used to determine that the offense is a “crime of violence” under 18 USC § 16, but it held that the circumstance-specific approach can be used to determine whether the victim and defendant shared the required domestic relationship. Under that approach, the BIA found that ICE can use any reliabl

Crimes and categorical approach BIA appeals BIA Direct PDF
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National Immigration Project Practice advisory Jun 8, 2015

Mellouli v. Lynch: Further Support for a Strict Categorical Approach for Determining Removability Under Drug Deportation and Other Conviction-Based Removal Grounds

Practice Advisory Issue area Removal Defense Audience Attorney Published: Jun. 8, 2015 Share on Twitter Share on Facebook Share on LinkedIn Copy Link to Clipboard Copy to Clipboard Download Practice Advisory

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory May 29, 2013

Moncrieffe and Olivas-Motta: Fourteen Crim/Imm Defenses in the Ninth Circuit

In Moncrieffe v. Holder , the U.S. Supreme Court reaffirmed that the full categorical approach applies in immigration proceedings. A result is that where the criminal statute defines the offense more broadly than the immigration definition at issue, the conviction will not trigger the immigration penalty.

Crimes and categorical approach Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Mar 12, 2013

Post-Conviction Relief in California Should Be Unaffected by Chaidez v. United States

In Chaidez v. United State s, 568 U.S. _____, ____S.Ct.____, 2013 WL 610201, (February 20, 2013) the U.S. Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010) was a “new rule” that did not apply retroactively to convictions final before March 31, 2010. In Padilla , the Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen about the immigration consequences of a guilty plea.

Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Jan 15, 2013

Practice Advisory: Matter of Davey & the Categorical Approach

This practice advisory discusses the Board of Immigration Appeals (BIA) decision in Matter of Davey, 26 I&N Dec. 37 (BIA 2012) and its holding that the categorical approach does not apply to the “possession of 30 grams of marijuana” exception to deportability found in 8 U.S.C. § 1227(a)(2)(B)(i), INA § 237(a)(2)(B)(i).

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Immigrant Legal Resource Center Practice advisory Oct 15, 2012

Arguing That a California Infraction is Not a Conviction; Test for Non-Misdemeanor Offenses

Practice Advisory: The BIA held that a violation of a Kansas municipal ordinance is a conviction for immigration purposes despite the lack of appointed defense counsel or right to a jury trial in those proceedings. Matter of Cuellar , 25 I&N Dec. 850 (BIA 2012).

Crimes and categorical approach BIA appeals BIA Direct PDF
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ASISTA Practice advisory Aug 1, 2012

ASISTA Newsletter August 2012: A Practice Guide for Representing Self-Petitioning Applicants With Criminal Convictions or Criminal History (Part 3 of 3)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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