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.

212 resources 12 sources 19 topics 177 direct PDFs

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Removal defense 71 Evidence and procedure 51 VAWA / U / T 50 Federal court 40 BIA appeals 36 Asylum 34 Children and SIJS 25 Family-based practice 21 Special immigrant 17 Consular practice 11 Crimes and categorical approach 11 Employment 11 Detention / bond 10 Adjustment of status 8 Motions to reopen / reconsider 6 Naturalization 6 Entry and admission 4 Waivers 3 Withholding / CAT 2

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Resource	Source	Topics	Date	Links
Seeking Stays of Removal Practice advisory A stay of removal prevents the Department of Homeland Security (DHS) from deporting a noncitizen from the United States while they continue to challenge their removal order or pursue an immigration benefit or humanitarian protection. This practice advisory discusses the law, procedure, and practical tips for seeking a stay of removal from DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense BIA appeals Evidence and procedure Immigration court BIA	Jan 17, 2025	View record Official source ↗ PDF ↗
Practice Alert: Padilla v. ICE and Delays in Credible Fear Interviews Practice advisory This practice advisory discusses the law, procedure, and practical tips for seeking a stay of removal from DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense BIA appeals Evidence and procedure Immigration court BIA	Jan 8, 2024	View record Official source ↗ PDF ↗
Common Tools of Statutory Construction for Criminal Removal Grounds Practice advisory This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the Board of Immigration Appeals (BIA) and the U.S. courts of appeals. To determine whether a criminal conviction renders a noncitizen removable under federal immigration law, federal courts and the BIA generally employ the categorical approach. Under this approach, adjudicators consider whether the elements of Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense Crimes and categorical approach BIA appeals Federal court BIA	Nov 28, 2023	View record Official source ↗ PDF ↗
Matter of Laparra Practice advisory In Matter of Laparra , 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA) rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking information about a hearing’s time and place as required by Immigration and Nationality Act (INA) section 239(a)(1). This practice alert provides brief background on the case law relevant to Laparra , describes the Laparra decision and its implicat Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense Motions to reopen / reconsider BIA appeals BIA	Feb 8, 2022	View record Official source ↗ PDF ↗
Freedom of Information Act and Immigration Agencies Practice advisory This Practice Advisory provides a broad overview of the Freedom of Information Act (FOIA), including how to make a FOIA request and how to appeal an inadequate response. It discusses the exemptions from FOIA that agencies are most likely to invoke in immigration cases, and lays out the basics of bringing a federal district court challenge to an agency’s failure to disclose certain documents. In addition, the Practice Advisory collects the FOIA policies of the most relevant immigration agencies i Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on BIA Appeals; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	BIA appeals Federal court BIA Federal district court	Jun 4, 2021	View record Official source ↗ PDF ↗
Standards of Review Applied by the Board of Immigration Appeals Practice advisory This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions. The advisory suggests arguments practitioners can make when the Board applies an incorrect standard of review. The advisory also includes an appendix containing citations to select circuit court decisions reversing agency decisions on this basis. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense BIA appeals Immigration court BIA Court of appeals	Apr 22, 2020	View record Official source ↗ PDF ↗
Raids Response Materials for Individuals with Final Removal Orders Practice advisory In anticipation of widespread raids in July 2019, the American Immigration Council has prepared template materials to assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review. ¹ Materials include templates of: (1) a general skeletal motion to reopen a removal order and motion to stay removal for filing with the Board of Immigration Appeals (BIA) or immigration court (for pro se and represented cases); (2) a skeletal motion to resci Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA	Jul 11, 2019	View record Official source ↗ PDF ↗
The Basics of Motions to Reopen EOIR-Issued Removal Orders Practice advisory This practice advisory provides a basic overview of motions to reopen removal orders that are filed with the Executive Office for Immigration Review (EOIR), which consists of immigration courts throughout the country and the Board of Immigration Appeals, located in Falls, Church Virginia. The advisory also provides basic information about how to seek a stay in conjunction with the filing of a motion to reopen. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA	Feb 6, 2018	View record Official source ↗ PDF ↗
Practice Tip: When to Appeal to the Administrative Appeals Office (AAO) Practice advisory This Practice Tip analyzes the pros and cons of appealing to the Administrative Appeals Office (AAO) following the denial of an employment-based visa petition. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Employment; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Employment BIA appeals Consular practice USCIS BIA	Aug 10, 2016	View record Official source ↗ PDF ↗
Finality of Removal Orders for Judicial Review Purposes Practice advisory The Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense BIA appeals Federal court Immigration court BIA Court of appeals	Jul 14, 2016	View record Official source ↗ PDF ↗
How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration Case Practice advisory This Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on BIA Appeals; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	BIA appeals Federal court Evidence and procedure BIA Court of appeals	Jul 14, 2016	View record Official source ↗ PDF ↗
How to File a Petition for Review Practice advisory Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Removal Defense; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Removal defense BIA appeals Federal court Evidence and procedure BIA Court of appeals	Jul 14, 2016	View record Official source ↗ PDF ↗