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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All resources 212 Practice advisory 77 Sample brief 26 Template motion 19 Amicus brief 65 Resource directory 25

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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Showing 1-12 of 23 resources.

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Resource	Source	Topics	Date	Links
Policy Alert: Policy Manual Updates to 8 USC § 1367 Confidentiality Protections Practice advisory Breaks down USCIS policy-manual updates on 8 U.S.C. 1367 confidentiality protections and highlights what practitioners should watch in sensitive filings. Why it matters: Important for survivor-based practice because confidentiality mistakes can create immediate and serious client risk.	ASISTA National	VAWA / U / T Evidence and procedure USCIS Cross-forum	Feb 3, 2026	View record Official source ↗
Considerations in Asylum Claims for Transgender People Practice advisory Practice advisory on framing transgender asylum claims in the current policy environment, with attention to protected grounds, evidentiary development, and country-conditions proof. Why it matters: Worth opening early in any trans-asylum case because it helps structure the theory of harm and the supporting record before drafting begins.	Immigration Equality National Direct PDF available	Asylum Withholding / CAT Evidence and procedure USCIS Immigration court BIA	Jun 2, 2025	View record Official source ↗ PDF ↗
Pretermission Web Advisory for Pro Bono Attorneys Practice advisory Overview of recent EOIR policy changes allowing dismissal or pretermission of some defensive asylum applications without a hearing, with guidance for practitioners representing people in removal proceedings. Why it matters: Strong triage piece when an asylum case may be screened out on procedural grounds before testimony or full merits development.	Immigration Equality National Direct PDF available	Asylum Removal defense Evidence and procedure Immigration court BIA	Jun 1, 2025	View record Official source ↗ PDF ↗
ASISTA Practice Alert: VAWA Self-Petitioner Interviews at USCIS Field Offices Practice advisory Practice alert on USCIS interviews for VAWA self-petitioners, including rollout details and practitioner reporting requests tied to field-office implementation. Why it matters: Helpful when preparing clients for a changing interview practice that can materially affect how the case is documented and explained.	ASISTA National	VAWA / U / T Evidence and procedure USCIS	Feb 17, 2025	View record Official source ↗
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 ↗
Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay Cases Practice advisory Practitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions. It also discusses the advantages of an Administrative Procedure Act cause of action and offers considerations for demonstrating unreasonable delay. The practice tip al 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 Consular practice Evidence and procedure Consular processing	Dec 16, 2022	View record Official source ↗ PDF ↗
Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files) Practice advisory This practice advisory explains 1) the ways to submit a FOIA request for a client’s immigration records, or A-File, 2) provides suggestions for avoiding agency rejections of the requests, and 3) identifies issues related to the Nightingale injunction that class counsel are monitoring. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Evidence / Procedure; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Evidence and procedure USCIS	Dec 15, 2022	View record Official source ↗ PDF ↗
Immigration Lawsuits and the APA: The Basics of a District Court Action Practice advisory This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The Advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Federal court Evidence and procedure Federal district court	Oct 5, 2021	View record Official source ↗ PDF ↗
Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the Case Practice advisory This Practice Advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act and the Administrative Procedure Act (APA). It discusses the required elements of a successful mandamus and APA actions as well as jurisdictional concerns that may arise. Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Federal Court; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Federal court Evidence and procedure Federal district court	Feb 22, 2021	View record Official source ↗ PDF ↗
Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What? Practice advisory This practice tip responds to a frequent question from attorneys new to federal court litigation who filed a lawsuit claiming the government violated the Administrative Procedure Act (APA) — such as a complaint challenging an employment-based immigration petition denial : “I just received the government’s answer. Now what ?” It explains next steps: the government’s filing of the certified administrative record followed by the parties moving for summary judgment. The practice tip also explains ho 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 Federal court Evidence and procedure Cross-forum	Nov 20, 2020	View record Official source ↗ PDF ↗
Administrative Closure Post -Castro-Tum Practice advisory This practice advisory provides a brief overview of administrative closure and explains the impact of that decision on the future availability of administrative closure, as well as on cases that are currently administratively closed. The advisory suggests arguments challenging Matter of Castro-Tum that noncitizens may consider making in support of administrative closure of their cases. Finally, it discusses alternative mechanisms to dispose of or hold in abeyance proceedings in appropriate cases Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Evidence / Procedure; review the source material for the most current authority and procedure.	American Immigration Council National Direct PDF available	Evidence and procedure Cross-forum	Oct 22, 2019	View record Official source ↗ PDF ↗