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Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

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Immigrant Legal Resource Center Practice advisory Aug 11, 2026

US v. Lopez: Ninth Circuit Holds Cal. Pen. Code § 273.5 not a Crime of Violence

On July 28, 2026, the Ninth Circuit ruled that Cal. Pen. Code § 273.5 is not a crime of violence. This practice advisory discusses the reasoning of the decision and provides advice on next steps for removal defense practitioners and criminal defenders representing noncitizens.

Removal defense Crimes and categorical approach Court of appeals Direct PDF
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National Immigration Project Practice advisory Jul 21, 2026

From Protected Status to Facing Removal: Possible Options for Populations Losing Temporary Protected Status

The end of Temporary Protected Status (TPS) means that people who the Department of Homeland Security previously determined warranted protection from removal and work authorization now face the possibility of detention and removal. This practice advisory equips practitioners with tools to identify options for people losing TPS, including potential immigration benefits through USCIS, employment-based opportunities in Canada, protection from removal in immigration court, and strategies to safeguar

Removal defense Detention / bond Employment USCIS Immigration court Direct PDF
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American Immigration Council Practice advisory Jul 6, 2026

Blanche v. Lau and Advising LPRs With Criminal Legal System Encounters About Travel Abroad

On June 23, 2026, the Supreme Court issued an opinion in Blanche v. Lau, No. 25-429, holding that border agents do not need clear and convincing evidence that a lawful permanent resident (“LPR”) returning to the United States after travel is “seeking an admission” under Immigration and Nationality Act (“INA”) § 101(a)(13)(C)(v) at the point of encounter in order for the government to charge that person with inadmissibility in removal proceedings. The majority opinion leaves many open questions,

Removal defense Crimes and categorical approach Adjustment of status Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 30, 2026

Facilitating Marriages in Immigration Detention

For many detained noncitizens, the ability to marry is significant not only because it implicates a fundamental personal and legal right, but also because a valid marriage may establish eligibility for certain forms of immigration relief or benefits that may ultimately lead to release from U.S. Immigration and Customs Enforcement (ICE) detention. Despite the importance of this right, individuals in ICE custody often face substantial procedural and logistical barriers when attempting to marry, la

Removal defense Detention / bond Family-based practice Cross-forum Direct PDF
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National Immigration Project Practice advisory Mar 13, 2026

Stays of Removal

A stay of removal prevents the Department of Homeland Security from executing a final order of removal against a person. DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals all have the authority to grant stays of removal. If a stay of removal is in effect, DHS may not remove the person from the United States. This practice advisory explains how to seek a court-ordered stay of removal with an IJ, the BIA, and the U.S. courts of appeals, and how to seek an ad

Removal defense BIA appeals Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Feb 23, 2026

Habeas in the Fifth Circuit After Buenrostro

Analysis 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.

Detention / bond Federal court Removal defense Federal district court Court of appeals Direct PDF
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National Immigration Project Practice advisory Feb 23, 2026

Habeas in the Fifth Circuit After Buenrostro

On February 6, 2026, the Fifth Circuit issued Buenrostro-Mendez v. Bondi , No. 25-cv-20496, 2026 WL 323330 (5th Cir. Feb. 6, 2026), a split decision with a strong dissent in which the Fifth Circuit sided with DHS and the BIA to determine that all noncitizens who are present in the United States without lawful admission are subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A) during removal proceedings, rather than discretionary detention under § 1226(a). Despite Buenrostro , habeas opti

Removal defense Detention / bond BIA appeals BIA Federal district court Direct PDF
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National Immigration Project Practice advisory Jan 13, 2026

Quick Guide to Release from Immigration Detention for SIJS Youth

IMPORTANT: On February 6, 2026, the Fifth Circuit ruled in Buenrostro-Mendez v. Bondi , No. 25-20496, that noncitizens in removal proceedings who have not been admitted are subject to "mandatory" detention under 8 U.S.C. 1225(b)(2)(A). This resource has not been updated since the Buenrostro decision. If you are filing a habeas petition in a district within the Fifth Circuit, you will need to adapt your legal claims in light of the Buenrostro-Mendez v. Bondi decision, e.g. by focusing on constitu

Removal defense Detention / bond Federal court Immigration court Federal district court Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 23, 2025

FOIA Alert on Processing Changes – December 2025

In recent months, practitioners have been reporting troubling new patterns in FOIA processing of A-file requests. Some people report unusually high rejection rates on Freedom of Information Act (FOIA) requests for reasons related to address requirements. Rejections due to “no record” also have been reported even where the requester is sure that there is a record because they have a partial paper trail of contacts with USCIS. Frequent over redaction of FOIA responses also has been reported. This

Removal defense USCIS Direct PDF
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Immigrant Legal Resource Center Practice advisory Nov 21, 2025

Expedited Removal and Unaccompanied Children: An FAQ

The Trump administration’s January 2025 expansion of expedited removal to people residing in the interior of the United States has raised concerns about whether the government could try to apply this summary removal process to young people who entered the country as unaccompanied children (UCs) but no longer meet the definition. This resource – created with our partners at the Children’s Immigration Law Academy and National Immigration Project – answers common questions about expedited removal a

Removal defense Children and SIJS Cross-forum Direct PDF
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National Immigration Project Practice advisory Nov 21, 2025

Expedited Removal and Unaccompanied Children: an FAQ

The Trump administration’s January 2025 expansion of expedited removal to people residing in the interior of the United States has raised concerns about whether the government could try to apply this summary removal process to young people who entered the country as unaccompanied children (UCs) but no longer meet the definition. This resource—created with our partners at the Children’s Immigration Law Academy and Immigrant Legal Resource Center—answers common questions about expedited removal an

Removal defense Children and SIJS Cross-forum Direct PDF
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