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Immigration Practice Resources

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Topic: Children and SIJS Clear Workflow: BIA, PFR, and federal court Clear

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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
Immigrant Legal Resource Center Practice advisory Apr 17, 2025

Who Has Initial Jurisdiction Over UC Asylum Claims? Matter of M-A-C-O- and JOP v. DHS

The Trafficking Victims Protection Reauthorization Act of 2008 confers initial jurisdiction over asylum claims filed by unaccompanied children (UCs) to the asylum office. The Board of Immigration Appeals’ decision in Matter of M-A-C-O- , along with policy changes implemented during the first Trump administration, sought to strip away this crucial protection from many child asylum seekers. Because of these changes and legal challenges by immigrant youth advocates, the current landscape of initial

Asylum BIA appeals Children and SIJS BIA Direct PDF
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
NIWAP Library Amicus brief Jan 7, 2025

Velasquez v. Miranda Supreme Court of Pennsylvania

Velasquez v. Miranda Supreme Court of Pennsylvania (February 1 2024). NIWAP, represented by K & L Gates, filed an amicus brief on appeal from the judgement of the Superior Court of Pennsylvania dated June 20, 2023. The amicus brief argues that any confusion regarding the role of Pennsylvania courts in the process of obtaining SIJ status jeopardizes the ability of a child who is otherwise eligible for SIJ status to receive the protections created for them by Congress. State courts must fulfill th

Special immigrant Children and SIJS Immigration court BIA Direct PDF
NIWAP Library Resource directory Apr 25, 2024

Special Immigrant Juvenile Status

Guardianship of S.H.R. v. Jesus Rivas (March 21, 2022; August 15, 2022) Supreme Court of California. NIWAP, represented by Manatt, Phelps and Phillips, filed an amicus brief in the Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS predicate findings. The amicus brief detailed the legislative and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of Appeals directly contradicts this

BIA appeals Federal court Special immigrant Immigration court BIA Direct PDF
NIWAP Library Resource directory Apr 25, 2024

Trauma, Testimony, and Child Brain Development

BIA Amicus Invitation 2016-0609 (September 1 2016) Board of Immigration Appeals, NIWAP, Crowell and Moring. NIWAP and The Lutheran Immigration and Refugee Service submitted this amicus brief to the Board of Immigration Appeals discussing the brain development and neuroscience of how having experienced or witnessed trauma impacts the brain development of children and adolescents. The brief argues that in cases of child asylum applicants’ waivers of the one-year deadline based on extraordinary cir

Asylum Waivers BIA appeals BIA
NIWAP Library Resource directory Oct 20, 2023

Gender Discrimination in U.S. Immigration Laws

Nguyen v. INS, 2000 (June 16 2000) U.S. App. LEXIS 6860 5th Circuit. Legal Momentum filed an brief in support of a Petition of Certiorari to the United States Supreme Court (2000) in an equal protection clause challenge to a federal immigration law that treats foreign born out-of-wedlock children of citizen mothers differently from similarly situated children of citizen fathers for purposes of obtaining citizenship.

Naturalization Children and SIJS Court of appeals
NIWAP Library Amicus brief Oct 2, 2023

Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo

Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo Emergency petition for writ of superintending control to the New Mexico Supreme Court in a sexual assault case in which a state court judges ordered U visa applicant victims to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected case in violation of federal law. NIWAP is being represented in this appeal by Skadden,

VAWA / U / T Children and SIJS BIA Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

O.M.G. et al v. Wolf et al.

O.M.G. v. Wolf (2020) U.S. District Court for the District of Columbia. David Thronson, “Declaration filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf.” NIWAP coordinated a national team of law professors and recruited the law firm of Winston Strum to help draft and develop this declaration that discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data

Children and SIJS BIA Federal district court Direct PDF
NIWAP Library Amicus brief Sep 18, 2023

Guardianship of S.H.R. v. Jesus Rivas

“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP filed an amicus brief in the Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS predicate findings. The amicus brief developed by Manatt, Phelps and Phillips for NIWAP detailed the legislative and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of Appeals directly contradicts this legislative and regulat

Special immigrant Children and SIJS Immigration court BIA Direct PDF