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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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Immigrant Legal Resource Center Practice advisory Apr 2, 2026

Challenging EOIR Bond Denials in Federal Court

When an immigration judge denies bond based on a finding that a person is a danger to the community or a flight risk, what options remain to challenge that decision? As immigration detention expands and bond denials become increasingly common, federal court litigation is emerging as a critical tool to obtain judicial review of these determinations.

Detention / bond Federal court Immigration court Court of appeals Direct PDF
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National Immigration Project Practice advisory Feb 23, 2026

Habeas in the Fifth Circuit After Buenrostro

Analysis of Buenrostro-Mendez and its effect on detention under 8 U.S.C. 1225(b)(2)(A), with practical implications for habeas strategy in the Fifth Circuit.

Detention / bond Federal court Removal defense Federal district court Court of appeals 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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National Immigration Project Practice advisory Jan 13, 2026

Quick Guide to Release from Immigration Detention for SIJS Youth

IMPORTANT: On February 6, 2026, the Fifth Circuit ruled in Buenrostro-Mendez v. Bondi , No. 25-20496, that noncitizens in removal proceedings who have not been admitted are subject to "mandatory" detention under 8 U.S.C. 1225(b)(2)(A). This resource has not been updated since the Buenrostro decision. If you are filing a habeas petition in a district within the Fifth Circuit, you will need to adapt your legal claims in light of the Buenrostro-Mendez v. Bondi decision, e.g. by focusing on constitu

Removal defense Detention / bond Federal court Immigration court Federal district court 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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National Immigrant Justice Center Template motion Jun 18, 2025

Bond Motion (Sample)

Call and message your members of Congress telling them to oppose any effort to give ICE and Border Patrol more funding.

Detention / bond Immigration court BIA Direct PDF
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National Immigration Project Template motion Feb 28, 2025

Template Opposition to DHS Motion to Dismiss to Pursue Expedited Removal

On January 21, 2025, the Trump administration expanded the scope of expedited removal to its statutory maximum, to include certain noncitizens not admitted or paroled who cannot prove they have been continuously present in the United States for at least two years. DHS, Designating Aliens for Expedited Removal, 90 Fed. Reg. 8139 (Jan. 24, 2025). Several days later, DHS issued a memo directing DHS attorneys to consider moving to terminate ongoing removal proceedings in order to pursue expedited re

Removal defense Detention / bond Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Jun 13, 2024

Practice Advisory: Representing Immigrant Clients Affected by the Racial Bias of the Criminal Legal System: Mitigating the Effect of Past Racial Bias When Seeking Discretionary Relief and Bond

This practice advisory, along with the accompanying report, Bias in the Criminal Legal System: A Report Aggregating Social Science Research and Reporting on Racial Bias in the Criminal Legal System, and template brief , provides a framework for you to make legal arguments and introduce evidence during your client’s immigration court proceedings if they are seeking discretionary relief or requesting bond. You can use this advisory and the accompanying report to argue that the immigration judge sh

Detention / bond Crimes and categorical approach BIA appeals Immigration court BIA Direct PDF
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NIWAP Library Resource directory Apr 25, 2024

U Visa

United States V. Luciana Moreno-Lopez ; (June 7 2010) United States District Court, Eastern District of Chattanooga. The National Network to End Violence Against Immigrant Women, among others, and represented by Dean Hill Rivkin, filed an amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security. The workers

Detention / bond Federal court Consular practice Federal district court
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