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.
Filters
| Resource | Source | Topics | Date | Links |
|---|---|---|---|---|
Common Tools of Statutory Construction for Criminal Removal GroundsThis 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 | |
Practice Alert: Overview of the Supreme Court’s Decision in Pugin v. GarlandOn June 22, 2023, the U.S. Supreme Court issued Pugin v. Garland , 143 S. Ct. 1833 (2023), an immigration decision addressing the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S). The Court held that a conviction may be an offense “relating to obstruction of justice,” even if it does not require that an investigation or proceeding be pending or reasonably foreseeable. In doing so, Pugin reversed favorable case law in the Ninth Circuit, Valenz Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Crimes; review the source material for the most current authority and procedure. |
American Immigration Council 9th Circuit Direct PDF available |
Crimes and categorical approach
Court of appeals
|
Aug 22, 2023 | |
Realistic Probability in Immigration Categorical Approach CasesPractice advisory on the realistic-probability requirement in immigration categorical-approach litigation, including how to frame the argument and use state-law materials effectively. Why it matters: One of the more durable crim-imm references because the realistic-probability issue still surfaces repeatedly in removability and relief fights. |
Immigrant Defense Project National Direct PDF available |
Crimes and categorical approach
Removal defense
Immigration court
BIA
Court of appeals
|
Jun 3, 2021 | |
Jae Lee v. U.S.: Establishing Prejudice Under Padilla v. KentuckyExplains how Jae Lee fits into Padilla prejudice litigation and how to use the decision when immigration consequences drove the plea decision. Why it matters: Still worth keeping in the database because Padilla-prejudice questions remain common and this is a practical bridge between criminal and immigration strategy. |
Immigrant Defense Project National Direct PDF available |
Crimes and categorical approach
Federal court
Federal district court
Court of appeals
|
Jul 7, 2017 | |
Esquivel-Quintana v. SessionsPractice advisory on the Supreme Court’s Esquivel-Quintana decision and its effect on the aggravated-felony sexual-abuse-of-a-minor ground and related crim-imm arguments. Why it matters: A durable reference for categorical-approach work because the case continues to matter well beyond the specific facts that produced it. |
Immigrant Defense Project National Direct PDF available |
Crimes and categorical approach
Removal defense
Immigration court
BIA
Court of appeals
|
Jun 8, 2017 | |
Administrative Removal Under 238(b): Questions and AnswersQuestion-and-answer advisory on administrative removal under INA § 238(b), including threshold eligibility, notice issues, and strategy for resisting or mitigating the process. Why it matters: Good niche inclusion because administrative-removal cases often move fast and practitioners benefit from a compact issue checklist. |
Immigrant Defense Project National Direct PDF available |
Crimes and categorical approach
Removal defense
Entry and admission
Cross-forum
|
Feb 16, 2017 | |
The Criminal Justice Act: Appointment of Counsel in Habeas Corpus ProceedingsThis Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Crimes; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Crimes and categorical approach
Federal court
Federal district court
|
Jul 14, 2016 |