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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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Topic: Evidence and procedure Clear

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Immigrant Legal Resource Center Practice advisory Apr 28, 2026

Best Practices for Advising Noncitizens Who Want to Leave the United States

In the current landscape of increased immigration enforcement, many noncitizens are considering the option of leaving the United States in order to return to their home country or to seek opportunities in a different country. This practice advisory provides guidance to immigration attorneys and advocates who are asked to provide such advice and walks through common issues for the client to consider before deciding to leave the United States. It also includes a checklist of helpful questions and

Evidence and procedure Cross-forum Direct PDF
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.

BIA appeals Evidence and procedure BIA Direct PDF
National Immigration Project Practice advisory Mar 3, 2026

Practice Advisory: Federal Tort Claims Act: Frequently Asked Questions for Attorneys Representing Immigrant Clients

The Federal Tort Claims Act (FTCA) waives the United States’ sovereign immunity and authorizes suits for money damages based on the negligent acts or omissions of federal employees, and, in some instances, intentional misconduct of such employees. This resource answers frequently asked questions about the FTCA for immigration attorneys.

Evidence and procedure Cross-forum 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
Immigrant Legal Resource Center Practice advisory Jan 12, 2026

Attacks on FOIA Continue

On December 22, 2025, DHS published a final rule impacting processing of FOIA requests by all DHS components. The rule is effective January 22, 2026. Despite the major changes made by the rule, no period of public comment was provided. The rule eliminates paper filing of FOIA requests with DHS as of January 22, 2026. FOIAs to DHS must be filed online after that date. The rule also states that DHS can, in its discretion, administratively close or make “requests for clarification” where it deems t

Evidence and procedure Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Sep 18, 2025

HR1 Fees at USCIS and EOIR

This practice advisory provides information about recently implemented fee increases at USCIS and EOIR. These fee increases are a result of the “One Big Beautiful Bill Act” also known as HR1. This advisory explores what we know and what we still don’t know about the fees, how to pay them, and potential future changes.

Evidence and procedure USCIS Direct PDF
National Immigration Project Chart Jul 22, 2025

Comparison Chart of the Immigration-Related Fee Changes Brought by H.R.1 the So-Called One Big Beautiful Bill Act

On July 4, President Trump signed H.R. 1, the “One Big Beautiful Bill Act.” The Act creates a new fee regime for matters before USCIS and EOIR and for certain people apprehended by DHS. The National Immigration Project has created this chart as a reference tool for understanding the fee increases and the new fees brought by this law.

Evidence and procedure USCIS Direct PDF
NIWAP Library Amicus brief Jun 18, 2025

Jane Doe v. Claire McIntire

Jane Doe v. Claire McIntire, App. No. 01-P-1013 (Mass.) (August 10, 2001) Amicus brief appealing a denial of TANF benefits to two immigrant women lawfully residing in Massachusetts, the denial was based on six month residence requirement before receiving benefits. One woman was fleeing domestic violence and the other residing with family during pregnancy. (Foley, Hoag & Eliot, Pro Bono)

Evidence and procedure BIA Direct PDF