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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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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
Human Rights First PALA Library Practice advisory Jan 23, 2026

Human Rights First Practice Advisory on Pretermissions

Human Rights First practice advisory describing possible bases for pretermission in immigration court and explaining how to prepare for, and respond to, motions to pretermit a client’s asylum claim. Last updated on January 23, 2026.

Asylum Withholding / CAT Evidence and procedure USCIS Immigration court Direct PDF
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
Immigration Equality Practice advisory Jun 1, 2025

Pretermission Web Advisory for Pro Bono Attorneys

Overview of recent EOIR policy changes allowing dismissal or pretermission of some defensive asylum applications without a hearing, with guidance for practitioners representing people in removal proceedings.

Asylum Removal defense Evidence and procedure Immigration court BIA Direct PDF
National Immigration Project Practice advisory Apr 15, 2025

Practice Advisory: Navigating the Removal Proceedings of J.O.P. Class Members and Other Asylum Seekers with Prior Unaccompanied Child Determinations

This practice advisory provides strategies for practitioners to navigate removal proceedings for J.O.P. class members and other asylum seekers with prior unaccompanied child determinations in light of three recent legal developments: (1) the 2024 J.O.P. Settlement Agreement, (2) final Executive Office for Immigration Review regulations issued in 2024, and (3) a 2025 USCIS memorandum implementing the J.O.P. Settlement Agreement.

Asylum Removal defense Children and SIJS USCIS Direct PDF
Immigration Equality Practice advisory Feb 11, 2025

Attorneys, Advise Your Clients of Their Rights

Last Updated February 11, 2025 The Trump administration has been targeting immigrant and LGBTQ communities through a slate of Executive Orders designed to erase transgender, non-binary and intersex identities, decimate asylum and refugee protections, and fast track mass deportations. The orders are unprecedented in their scope. Many are blatantly illegal, some unconstitutional, but virtually all harm the LGBTQ and HIV-positive immigrants, families, and communities we serve. Our clients are under

Asylum Removal defense Cross-forum Direct PDF
American Immigration Council Practice advisory Jan 15, 2025

Judicial Review of Visa Decisions After the Supreme Court’s Decision in Department of State v. Muñoz

In 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

Asylum Removal defense Family-based practice Court of appeals Consular processing Direct PDF
NIWAP Library Resource directory Apr 25, 2024

Gender-Based Asylum

Vallabhaneni (September 27 2001) Board of Immigration Appeals. NOW Legal Defense Fund and others filed this amicus in support of the appeal by Aruna C. Vallabhaneni of the decision of the Immigration Judge denying her application for political asylum despite an undisputed record of years of severe domestic violence and her inability to obtain protection from the government of India. The record before the judge established that Ms. Vallabhaneni was persecuted in the past and that she has a well-f

Asylum BIA appeals Immigration court BIA
Immigrant Legal Resource Center Practice advisory Dec 12, 2023

"Particularly Serious Crime" Bars to Asylum and Withholding

This advisory analyzes and explains the particularly serious crime bar to asylum and withholding of removal. It describes the factors to consider in determining whether a crime is a "particularly serious crime" and how to challenge a particularly serious crime determination.

Asylum Withholding / CAT Removal defense Cross-forum Direct PDF
Immigrant Legal Resource Center Chart Nov 21, 2023

Qualifying for Protection Under the Convention Against Torture

Protection under the Convention Against Torture (CAT) is an important relief option for individuals who are unable to qualify for asylum or withholding of removal. This advisory reviews the legal standard for CAT protection. It also provides an overview of seminal Board of Immigration Appeals and federal circuit court decisions that discuss the various elements of a CAT claim. The end of the advisory contains a useful chart which compares asylum, withholding of removal, and CAT.

Asylum Withholding / CAT Removal defense BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Nov 2, 2023

Vallabhaneni (September 27 2001)

NOW Legal Defense Fund and others filed this amicus in support of the appeal by Aruna C. Vallabhaneni of the decision of the Immigration Judge denying her application for political asylum despite an undisputed record of years of severe domestic violence and her inability to obtain protection from the government of India. The record before the judge established that Ms. Vallabhaneni was persecuted in the past and that she has a well-founded fear that she will continue to be persecuted in the futu

Asylum Immigration court BIA Direct PDF