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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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Immigration court deadline 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
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Immigrant Legal Resource Center Practice advisory Mar 17, 2026

Civil Penalties and Fines - Part I: How to Appeal a Civil Penalty

This practice advisory is Part I of a two-part advisory on civil fines and civil penalties instituted by DHS against noncitizens. Part I discusses the procedures for instituting a fine and recommendations for contesting and appealing a civil fine instituted by DHS. Part II will discuss statutory and Constitutional arguments and defenses against the issuance of fines.

BIA appeals Evidence and procedure BIA 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 Template motion Mar 13, 2026

Template BIA Notice of Appeal for CARR and HAAV Pretermissions

Immigration judges continue to pretermit asylum applications and deny asylum seekers a day in court, based on alleged deficiencies in the I-589 and/or based on the alleged failure to state a prima facie case for relief. This template is designed to give practitioners a strong starting point for drafting their own Notices of Appeal to the Board of Immigration Appeals.

Asylum BIA appeals Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Feb 27, 2026

Crim-Imm Case Law Updates 2025

The Board of Immigration Appeals (BIA or Board), the U.S. Courts of Appeals, and the Supreme Court have issued many decisions in the past year that implicate the rights of noncitizens. This resource is designed to help immigration practitioners familiar with the categorical approach stay current on significant case law developments over the past year at the intersection of immigration and criminal law. This resource begins with an overview of notable case law developments before the BIA, the U.S

Crimes and categorical approach BIA appeals BIA 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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NIWAP Library Amicus brief Feb 1, 2026

BIA Amicus Invitation 2016-0609

Arkansas 2015 U and T visa certification law requiring that each law enforcement agency in the state adopt a policy for the completion and signing of T and U certifications within 30 days of receiving the request.

BIA appeals Children and SIJS BIA Direct PDF
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NIWAP Library Amicus brief Feb 1, 2026

Nvart Idinyan (formerly Nvart Huckfeldt) (August 9 2005) Board of Immigration Appeals

Nvart Idinyan (formerly Nvart Huckfeldt) (August 9 2005) Board of Immigration Appeals. The National Network to End Violence Against Immigrant Women, represented by Crowell and Moring, filed this amicus in support of the immigration judge’s finding that plaintiff qualified for cancellation of removal under VAWA and refuting DHS assertion that once a victim reached a “safe house” she should no longer have access to VAWA provisions. (Crowell and Moring, Pro Bono)

Removal defense BIA appeals VAWA / U / T Immigration court BIA Direct PDF
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NIWAP Library Amicus brief Feb 1, 2026

Perales v. Ashcroft, (2003) U.S. Court of Appeals 10th Circuit

Perales-Cumpean, A76 386 969, Board of Immigration Appeals (2001), U.S. Court of Appeals 10th Circuit (2003). Amicus brief discussing the any credible evidence standard and the definition of battery or extreme cruelty in an immigrant rape and domestic violence victim’s Violence Against Women Act suspension of deportation case (National immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, Pro Bono 10th Circuit)

Removal defense BIA appeals Federal court BIA Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Dec 19, 2025

Understanding Mandatory Detention

Recent policies announced by Immigration and Customs Enforcement, new legislation signed into law, and unusual legal interpretations by the Board of Immigration Appeals have all led to a significant uptick in ICE detentions since January 2025. As advocates, our goal in every case where a client is detained is to secure their release, if at all possible. However, in many cases recently, ICE is claiming that the noncitizen cannot legally be released or even get a bond hearing, under a theory that

Detention / bond BIA appeals BIA Direct PDF
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National Immigration Project Practice advisory Oct 3, 2025

Practice Alert: Guidance on CHIRLA v. Noem Order (Expedited Removal)

On September 12, 2025, the D.C. Circuit denied the government’s motion for a stay pending appeal, dissolved its temporary, partial administrative stay, and fully restored the district court’s August 1 order in CHIRLA v. Noem , a lawsuit challenging Trump 2.0 government directives applying expedited removal to paroled individuals. The August 1 order, which is now fully in effect, stays policies that allowed DHS to put individuals who were previously paroled into the United States at a port of ent

Removal defense Detention / bond BIA appeals BIA Federal district court Direct PDF
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National Immigration Project Practice advisory Aug 27, 2025

O.C.V. v. Bondi: Tenth Circuit Vacates Matter of M-R-M-S-

On August 26, 2025, the Tenth Circuit issued a published decision, O.C.V. v. Bondi , vacating the Board of Immigration Appeals presidential decision Matter of M-R-M-S- , which had wrongfully held that if a persecutor had any motivation other than animus toward the family group, an asylum seeker could not prevail on a family-based asylum claim. The Tenth Circuit rejected this narrowed definition of nexus. The case was litigated in federal court by the Center for Gender and Refugee Studies and the

Asylum Detention / bond Family-based practice BIA Court of appeals Direct PDF
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