Practice Advisories & Brief Bank
Public immigration practice advisories, sample briefs, template motions, amicus briefs, and government guidance, organized in one searchable index and linked to the original host.
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| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
Nvart Idinyan (formerly Nvart Huckfeldt) (August 9 2005) Board of Immigration AppealsNvart Idinyan (formerly Nvart Huckfeldt) (August 9 2005) Board of Immigration Appeals. The National Network to End Violence Against Immigrant Women, represented by Crowell and Moring, filed this amicus in support of the immigration judge’s finding that plaintiff qualified for cancellation of removal under VAWA and refuting DHS assertion that once a victim reached a “safe house” she should no longer have access to VAWA provisions. (Crowell and Moring, Pro Bono) Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
BIA appeals
VAWA / U / T
Immigration court
BIA
|
Feb 1, 2026 | |
Perales v. Ashcroft, (2003) U.S. Court of Appeals 10th CircuitPerales-Cumpean, A76 386 969, Board of Immigration Appeals (2001), U.S. Court of Appeals 10th Circuit (2003). Amicus brief discussing the any credible evidence standard and the definition of battery or extreme cruelty in an immigrant rape and domestic violence victim’s Violence Against Women Act suspension of deportation case (National immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, Pro Bono 10th Circuit) Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 10th Circuit Direct PDF available |
Removal defense
BIA appeals
Federal court
VAWA / U / T
BIA
Court of appeals
|
Feb 1, 2026 | |
Aylaliya Assefa Birru v. BarrAylaliya Assefa Birru v. Barr (January 11 2021) 9th Circuit Court of Appeals. NIWAP, represented by Baker McKenzie, is lead amicus in a brief on behalf of an immigrant domestic violence victim who is seeking relief under the Violence Against Women Act’s domestic violence victim waiver in her VAWA cancellation of removal case. The Board of Immigration Appeals and the immigration judge denied her the ability to present evidence of waiver eligibility. Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Removal defense
VAWA / U / T
Immigration court
BIA
Court of appeals
|
Jun 18, 2025 | |
he Federal District Court granted Ms. Soto Alvarado’s MotionIn 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 Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
Federal court
VAWA / U / T
USCIS
Federal district court
|
Jun 15, 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 Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 3rd Circuit Direct PDF available |
Removal defense
VAWA / U / T
BIA
Court of appeals
|
May 2, 2024 | |
Arguijo v. USCIS (July 24 2020) US Court of Appeals 7th CircuitThe National Immigrant Justice Center (NIJC) represents Jennifer Arguijo, who was 11 years old when her mother married her stepfather, who turned out to be abusive. Applying BIA case law from other contexts, VSC held that a stepchild-stepfather relationship ends after the biological parent divorces the stepparent, unless there is a “continuing relationship” between the stepchild and stepfather. NIJC sought reconsideration, and appealed to the AAO. The AAO affirmed the VSC’s decision to deny the Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 7th Circuit Direct PDF available |
Removal defense
BIA appeals
Federal court
VAWA / U / T
USCIS
Immigration court
BIA
Court of appeals
|
Nov 1, 2023 | |
https://niwaplibrary.wcl.american.edu/pubs/nvart-decisionNvart decision (January 20 2006) [pdf] Published November 1, 2023 Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
Special immigrant
VAWA / U / T
Cross-forum
|
Nov 1, 2023 | |
Rosario v. Holder (May 10 2010) US Court of Appeals 2nd CircuitRosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit. National Network to End Violence Against Immigrant Women respectfully moves pursuant to Federal Rule of Appellate Procedure for 29 for leave to file an amicus brief in support of Appellant Josefa Rosario. Client placed in removal proceedings, concedes removability and applies for VAWA Cancellation of Removal. IJ denies cancellation based on finding that there is not substantial evidence of battery to the extent envisioned by the st Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 2nd Circuit Direct PDF available |
Removal defense
BIA appeals
Federal court
VAWA / U / T
Immigration court
BIA
Court of appeals
|
Nov 1, 2023 | |
Aguilar-JimenezIn the Matter of Aguilar-Jimenez, Board of Immigration Appeals (2002) Filed an amicus brief discussing the “extreme cruelty” and “extreme hardship” standards in the context of requests for suspension of deportation under VAWA, specifically that extreme cruelty includes the psychological and emotional abuse imposed on a child who is forced to watch as a parent is battered by another parent. (Crowell and Moring Pro Bono) Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
VAWA / U / T
BIA
|
Oct 24, 2023 | |
Obiaga and Berrocal v. AshcroftObiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild). Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Removal defense
BIA appeals
VAWA / U / T
BIA
Court of appeals
|
Oct 24, 2023 | |
Rosalina Lopez-UmanzorRosalina Lopez-Umanzor, Board of Immigration Appeals (2004) and the U.C. Court of Appeals for the 9th Circuit (2004). Amicus briefs discussing violations of a victim’s due process rights when an immigration judge denies the victim the opportunity to present expert testimony on domestic violence in a cancellation of removal case and presenting social science data that influences how judges should make credibility determinations in VAWA cancellation of removal cases (Kirkpatrick and Lockhart, Pro Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library 9th Circuit Direct PDF available |
Removal defense
VAWA / U / T
Immigration court
BIA
Court of appeals
|
Oct 24, 2023 | |
Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick GarlandGeidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court of Rhode Island. NIWAP, represented by Crowell and Moring, led an amicus brief that was joined by Harvard Law School professors and clinics, the ACLU, the Rhode Island Coalition Against Domestic Violence, and all of the major women shelters in Rhode Island. This brief argued that USCIS had misinterpreted VAWA 2000 amendments that were designed to allow VAWA self petitioners to divorce, Why it matters: Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it. |
NIWAP Library National Direct PDF available |
Removal defense
VAWA / U / T
USCIS
Federal district court
|
Oct 11, 2023 |