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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 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
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NIWAP Library Amicus brief Jun 15, 2024

he Federal District Court granted Ms. Soto Alvarado’s Motion

In a case brought in Federal District Court in Rhode Island an abused spouse whose VAWA self-petition had been approved challenged USCIS’s revocation of her approved petition. The self-petitioner was divorced from her abuser and remarried after filing the self-petition but before the self-petition had been approved. The court’s ruling allows the self-petitioner to fully litigate her challenge the USCIS’s revocation of her self-petition due to remarriage in Federal District Court. The court’s rul

Removal defense Federal court VAWA / U / T USCIS Federal district court Direct PDF
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National Immigration Project Practice advisory Jun 13, 2024

Practice Advisory: Representing Immigrant Clients Affected by the Racial Bias of the Criminal Legal System: Mitigating the Effect of Past Racial Bias When Seeking Discretionary Relief and Bond

This practice advisory, along with the accompanying report, Bias in the Criminal Legal System: A Report Aggregating Social Science Research and Reporting on Racial Bias in the Criminal Legal System, and template brief , provides a framework for you to make legal arguments and introduce evidence during your client’s immigration court proceedings if they are seeking discretionary relief or requesting bond. You can use this advisory and the accompanying report to argue that the immigration judge sh

Detention / bond Crimes and categorical approach BIA appeals Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Jun 11, 2024

Practice Alert: EOIR Final Rule on Administrative Closure and Termination

On July 29, 2024, an important new Executive Office for Immigration Review final rule, Efficient Case and Docket Management in Immigration Proceedings, goes into effect. Among other things, the rule codifies the authority of immigration judges and the Board of Immigration Appeals to administratively close and terminate removal proceedings. This practice alert describes this rule’s origins and summarizes its key provisions.

Removal defense BIA appeals Immigration court BIA Direct PDF
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ASISTA Practice advisory Jun 1, 2024

ASISTA Practice Advisory: Establishing Employment Authorization for T and U Nonimmigrants Without an EAD Card (Updated in June 2024)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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ASISTA Practice advisory Jun 1, 2024

ASISTA Practice Advisory: Establishing Employment Authorization for T and U Nonimmigrants Without an EAD Card (Updated in June 2024)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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ASISTA Practice advisory Jun 1, 2024

ASISTA Practice Advisory: Reinstatement of Removal and Immigrant Survivors (June 2024)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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NIWAP Library Amicus brief May 2, 2024

Wilkinson v. Garland (September 2023) US Supreme Court.

NIWAP participated in an amicus brief on writ of certiorari to the US Court of Appeals of the Third Circuit to ensure that courts review BIA hardship determinations for immigrant victims of domestic violence seeking cancellation of removal under VAWA. SCOTUS ruled in favor of Wilkinson, holding that the application of the exceptional and extremely unusual hardship standard to an established set of facts is a mixed question of law and fact that is reviewable under 1252(a)(2)(D). This ruling gives

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice manual Apr 26, 2024

Guidance for SIJS State Court Predicate Orders in California- What You Need to Know in 2024

This updated guidance, written with our partners Immigrant Legal Defense (ILD), International Rescue Committee (IRC), and Legal Services for Children (LSC), includes recommendations for what information to include in state court predicate orders for special immigrant juvenile status (SIJS) in California. It incorporates guidance from the 2022 SIJS regulations as well as the USCIS Policy Manual, and includes helpful citations to California law. It also includes sample predicate orders from family

Family-based practice Special immigrant Children and SIJS USCIS Immigration court Direct PDF
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NIWAP Library Resource directory Apr 25, 2024

Employment and Immigrants

Hoffman Plastic Compounds, Inc. v. National Labor Relations Board (December 10 2001) Supreme Court of the United States. National Immigrant Law Center (NILC) and others, represented by National Employment Law Project, submitted this amicus brief supporting the importance of back pay remedies when labor laws are violated including relief for undocumented workers. Second amicus brief filed regarding a Government of Mexico requested advisory opinion from the Inter-American Court of Human Rights (20

Employment Cross-forum
Open source Record
NIWAP Library Resource directory Apr 25, 2024

Federal Preemption in Immigration Law

Friendly House Et Al., V. Michael B. Whiting Et Al ., (June 11, 2010) United States District Court Arizona. Legal Momentum, recruited by the ACLU, MALDEF, The National Immigration Law Center, and the Asian Pacific American Legal Center (represented by Manatt, Phelps, and Phillips) to organize a brief articulating immigrant women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070

Removal defense Federal court Federal district court
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NIWAP Library Resource directory Apr 25, 2024

Gender-Based Asylum

Vallabhaneni (September 27 2001) Board of Immigration Appeals. NOW Legal Defense Fund and others filed this amicus in support of the appeal by Aruna C. Vallabhaneni of the decision of the Immigration Judge denying her application for political asylum despite an undisputed record of years of severe domestic violence and her inability to obtain protection from the government of India. The record before the judge established that Ms. Vallabhaneni was persecuted in the past and that she has a well-f

Asylum BIA appeals Immigration court BIA
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NIWAP Library Resource directory Apr 25, 2024

Special Immigrant Juvenile Status

Guardianship of S.H.R. v. Jesus Rivas (March 21, 2022; August 15, 2022) Supreme Court of California. NIWAP, represented by Manatt, Phelps and Phillips, filed an amicus brief in the Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS predicate findings. The amicus brief detailed the legislative and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of Appeals directly contradicts this

BIA appeals Federal court Special immigrant Immigration court BIA Direct PDF
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