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 |
|---|---|---|---|---|
Practice Advisory: Federal Tort Claims Act Frequently Asked Questions for AttorneysFrequently asked questions for attorneys representing immigrant clients on the Federal Tort Claims Act, sovereign-immunity waiver, administrative exhaustion, and damages claims against the federal government. Why it matters: Useful when immigration detention or enforcement facts may support a parallel damages analysis and you need a quick framework for screening an FTCA path. |
National Immigration Project National Direct PDF available |
Federal court
Removal defense
Detention / bond
Federal district court
Cross-forum
|
Mar 3, 2026 | |
Habeas in the Fifth Circuit After BuenrostroAnalysis of Buenrostro-Mendez and its effect on detention under 8 U.S.C. 1225(b)(2)(A), with practical implications for habeas strategy in the Fifth Circuit. Why it matters: One of the better current detention items for Fifth Circuit practitioners because it turns a fast-moving appellate decision into concrete habeas strategy. |
National Immigration Project 5th Circuit Direct PDF available |
Detention / bond
Federal court
Removal defense
Federal district court
Court of appeals
|
Feb 23, 2026 | |
Judicial Review of Visa Decisions After the Supreme Court’s Decision in Department of State v. MuñozIn Department of State v. Muñoz , 602 U.S. 899 (2024), the U.S. Supreme Court concluded that a U.S. citizen and her noncitizen spouse had no access to judicial review of a consular officer’s denial of an immigrant visa. The Court held that a U.S. citizen has no “fundamental liberty interest” i n her spouse’s admission to the United States. This practice advisory, by the American Immigration Council, the International Refugee Assistance Project, and the Consular Accountability Project, is intende Why it matters: Useful as a practitioner-oriented overview from American Immigration Council on Asylum; review the source material for the most current authority and procedure. |
American Immigration Council National Direct PDF available |
Asylum
Removal defense
Family-based practice
Federal court
Consular practice
VAWA / U / T
Entry and admission
Court of appeals
Consular processing
|
Jan 15, 2025 | |
Litigation for Business Immigration PractitionersThis Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial. 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
Cross-forum
|
Jan 8, 2024 | |
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 | |
A Step-by-Step Guide to Filing a FOIA LawsuitThis Practice Advisory provides immigration practitioners with step-by-step instructions a bout how to file a laws uit under the Freedom of Information Act. The Advisory explains the preliminary steps that need to be completed before filing the lawsuit, the appropriate parties in a FOIA case, the proper venue for filing, the types of claims litigants may bring, how to file the complaint and supporting documents, and what to expect after the law suit is filed . Additionally, the Advisory contains 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
Federal court
Federal district court
|
Jun 20, 2023 | |
Whom to Sue and Whom to Serve in Immigration-Related District Court LitigationThis Practice Advisory addresses who is the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. The Advisory covers whom to sue in specific types of immigration-related actions, including mandamus, Federal Tort Claims Acts (and administrative claims), Bivens, and habeas actions. 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
Federal district court
|
Sep 14, 2022 | |
Immigration Lawsuits and the APA: The Basics of a District Court ActionThis 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 | |
Freedom of Information Act and Immigration AgenciesThis 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 | |
Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the CaseThis 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 | |
Practice Tip: The Government Answered a Complaint Alleging Administrative Procedure Act Violations – Now What?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 | |
Requesting Attorneys’ Fees Under the Equal Access to Justice ActThe Equal Access to Justice Act (EAJA) authorizes payment by the government of attorneys’ fees and costs for successful federal court litigation against the government. A successful litigant who establishes eligibility under EAJA is entitled to a fee award for litigating both the case and the fee motion. Fees and costs under EAJA are assessed without regard to whether or how much money, if any, the client actually paid his or her attorney. As such, attorneys who take cases on a pro bono or “low 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
Cross-forum
|
Aug 14, 2020 |