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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 Practice advisory Jul 21, 2026

From Protected Status to Facing Removal: Possible Options for Populations Losing Temporary Protected Status

The end of Temporary Protected Status (TPS) means that people who the Department of Homeland Security previously determined warranted protection from removal and work authorization now face the possibility of detention and removal. This practice advisory equips practitioners with tools to identify options for people losing TPS, including potential immigration benefits through USCIS, employment-based opportunities in Canada, protection from removal in immigration court, and strategies to safeguar

Removal defense Detention / bond Employment USCIS Immigration court Direct PDF
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National Immigration Project Practice advisory Jun 30, 2026

Facilitating Marriages in Immigration Detention

For many detained noncitizens, the ability to marry is significant not only because it implicates a fundamental personal and legal right, but also because a valid marriage may establish eligibility for certain forms of immigration relief or benefits that may ultimately lead to release from U.S. Immigration and Customs Enforcement (ICE) detention. Despite the importance of this right, individuals in ICE custody often face substantial procedural and logistical barriers when attempting to marry, la

Removal defense Detention / bond Family-based practice Cross-forum Direct PDF
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National Immigration Project Practice advisory Apr 14, 2026

Practice Alert: Guidance on Adjustment of Status for Youth with Special Immigrant Juvenile Status Using INA § 245(h) with a Non-SIJS Petition

There is a largely un-tested legal argument that young people with approved SIJS petitions can use the SIJS-specific adjustment provisions at INA § 245(h) to satisfy the “inspected and admitted or paroled” requirement that applies to many other forms of adjustment, allowing the youth with SIJS to use that provision even if they are not seeking adjustment based on their approved SIJS petition but rather using some other non-SIJS immigrant petition. This practice alert from the End SIJS Backlog Co

Detention / bond Adjustment of status Special immigrant Immigration court Direct PDF
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Immigrant Legal Resource Center Practice advisory Apr 13, 2026

Arguments for Using the SIJS-based Adjustment Provision to Adjust Based on a Different Petition

This practice alert, created in partnership with the End SIJS Backlog Coalition, explores a largely un-tested legal argument that young people with approved SIJS petitions can use the SIJS-specific adjustment provisions at INA § 245(h) to satisfy the “inspected and admitted or paroled” requirement to adjust using some other non-SIJS immigrant petition (for example, a spousal petition). This practice alert provides background on SIJS and adjustment of status under INA § 245(h), offers legal argum

Detention / bond Adjustment of status Special immigrant Immigration court Direct PDF
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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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National Immigration Project Template motion Dec 2, 2025

Fifteen Steps for Addressing Orders of Removal Issued by an Immigration Judge

Motions to reopen are extremely important for people with final removal orders. Final orders of removal render people vulnerable to detention and immediate removal from the United States. However, a successful motion to reopen places the person back in active removal proceedings before an immigration judge where they can pursue immigration relief, provides additional arguments for release from detention, and prevents their immediate removal. This practical resource provides fifteen concrete step

Removal defense Motions to reopen / reconsider Detention / bond Immigration court 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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