BIA Edge

Practice resources

Practice resources

Immigration Practice Resources

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

More filters
Clear all
918 resources 24 sources 848 direct files
Common starting points
Immigration court deadline 624 Asylum merits package 95 Motions, stays, and pretermission 139 Bond, detention, and habeas 85 BIA, PFR, and federal court 466 USCIS and AAO appeals 214 Crim-imm screening 158 VAWA, U, T, and survivor relief 197
Topic: BIA appeals Clear

Results

Showing 1-12 of 87 resources.

Sorted by Newest first
Immigrant Legal Resource Center Practice advisory Sep 1, 2026

Understanding Matter of Delcarmen-Lara: The New Meaning of "Departure" Under INA § 212(a)(9)(B)

On August 13, 2026, the Board of Immigration Appeals (BIA) issued a decision on Matter of Delcarmen-Lara , that overruled Matter of Arrabally and Yerrabelly and held that travel on advance parole is now a "departure" for purposes of the unlawful presence bars at INA § 212(a)(9)(B)(i). Under this new interpretation, a person who has accrued more than 180 days of unlawful presence and then leaves the United States on advance parole will trigger the 3- or 10-year bar to admissibility. The BIA appli

Detention / bond Waivers BIA appeals BIA Direct PDF
Direct PDF Source page Record
Immigrant Legal Resource Center Practice advisory Jun 26, 2026

New BIA Procedural Rules: What's in Effect and What's Not

In February 2026, the U.S. Department of Justice published an Interim Final Rule (IFR), entitled “Appellate Procedures for the Board of Immigration Appeals.” The IFR made sweeping procedural changes to Executive Office for Immigration Review regulations that relate to appeals filed before the Board of Immigration Appeals. The rule’s effective date was March 9, 2026. Fortunately, several provisions of the IFR are not currently in effect due to a court order finding them legally invalid and partia

BIA appeals Evidence and procedure BIA Direct PDF
Direct PDF Source page Record
National Immigration Project Template motion Jun 17, 2026

Template Motion to Reconsider Before the Immigration Court and Motion to Remand Before the BIA Based on Vacatur of the Circumvention of Lawful Pathways Rule

On June 3, 2026, a federal district court in California entered a final judgment in the East Bay Sanctuary Covenant v. Trump , vacated the Circumvention of Lawful Pathway (“CLP”) rule, codified at 8 C.F.R. § 1208.33 et seq. The vacatur means that the CLP rule has been set aside and is without legal effect unless and until the ruling is stayed, modified, or reversed on appeal. As a result, noncitizens whose asylum applications were denied solely because of the CLP rule—but who were otherwise foun

Asylum Removal defense Motions to reopen / reconsider Immigration court BIA Direct PDF
Direct PDF Source page Record
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
Direct PDF Source page Record
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
Direct PDF Source page Record
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
Direct PDF Source page Record
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
Direct PDF Source page Record
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
Direct PDF Source page Record
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
Direct PDF Source page Record
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
Direct PDF Source page Record
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
Direct PDF Source page Record