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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.

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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.

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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

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)

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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)

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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

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National Immigration Project Practice advisory Jul 25, 2025

Fighting for a Day in Court: Understanding and Responding to Pretermission of Asylum Applications

Immigration Judges have increasingly begun to pretermit asylum applications--often ordering asylum seekers removed without ever having a chance to have a hearing on their claims. This Practice Advisory (PA) discusses a recent Policy Memo by the Executive Office for Immigration Review Acting Director and a recent Board of Immigration Appeals decision, which have prompted judges to pretermit cases. The PA also contains practical tips on how to fight this practice.

Asylum Removal defense BIA appeals Immigration court BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 3, 2025

Quick Guide: Defending SIJS Clients in Removal Proceedings

This practice advisory, authored with our partners at the End SIJS Backlog Coalition, Children's Immigration Law Academy, National Immigration Project, and Safe Passage Project, offers strategies at every stage of an SIJS client’s removal proceedings to advocate against the client’s removal and to preserve the record for appeal, including:

Removal defense BIA appeals Special immigrant Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Apr 2, 2025

Quick Guide: Defending SIJS Clients in Removal Proceedings

This practice advisory, created by The End SIJS Backlog Coalition, is intended to help practitioners navigate removal proceedings for clients with pending or approved SIJS. It offers strategies at every stage of an SIJS client’s removal proceedings to advocate against the client’s removal and to preserve the record for appeal. Section II covers strategies for pleading to the Notice to Appear. Section III discusses challenging the Department of Homeland Security’s evidence of removability. Sectio

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Immigrant Legal Resource Center Practice advisory Feb 5, 2025

Seeking Administrative Closure and Termination: Using New EOIR Regulations in a Hostile Enforcement Environment

New EOIR regulations published in 2024 now allow immigration judges and the BIA to administratively close or terminate removal proceedings in a variety of scenarios. These regulations permit—and sometimes require—administrative closure or termination even where the Department of Homeland Security does not agree. In the current hostile enforcement environment, and in light of the rescission of formal guidance regarding prosecutorial discretion, these regulations are an important tool for advocate

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American Immigration Council Practice advisory Jan 17, 2025

Seeking Stays of Removal

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.

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