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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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Immigration court deadline 606 Asylum merits package 93 Motions, stays, and pretermission 133 Bond, detention, and habeas 79 BIA, PFR, and federal court 447 USCIS and AAO appeals 209 Crim-imm screening 151 VAWA, U, T, and survivor relief 190
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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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NIWAP Library Amicus brief Feb 1, 2026

Perales v. Ashcroft, (2003) U.S. Court of Appeals 10th Circuit

Perales-Cumpean, A76 386 969, Board of Immigration Appeals (2001), U.S. Court of Appeals 10th Circuit (2003). Amicus brief discussing the any credible evidence standard and the definition of battery or extreme cruelty in an immigrant rape and domestic violence victim’s Violence Against Women Act suspension of deportation case (National immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, Pro Bono 10th Circuit)

Removal defense BIA appeals Federal court BIA Court of appeals 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 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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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
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National Immigration Project Practice advisory Jul 30, 2024

Seeking Release of Clients Detained in Virginia Who Have Won Fear-Based Relief Under Rodriguez Guerra v. Perry (E.D. Va.) Settlement

The National Immigration Project, Amica Center (formerly CAIR Coalition), and the ACLU of Virginia sued the Washington Field Office of Immigration and Customs Enforcement (ICE) on behalf of nine individuals whom ICE arbitrarily detained for months after they won immigration relief protecting them from deportation to their countries of origin where they face persecution, torture, or death. The case, Rodriguez Guerrera v. Perry , No. 1:23-cv-1151 (E.D. Va.), was brought in the U.S. District Court

Withholding / CAT Removal defense Federal court Federal district court Direct PDF
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NIWAP Library Amicus brief Jun 15, 2024

he Federal District Court granted Ms. Soto Alvarado’s Motion

In a case brought in Federal District Court in Rhode Island an abused spouse whose VAWA self-petition had been approved challenged USCIS’s revocation of her approved petition. The self-petitioner was divorced from her abuser and remarried after filing the self-petition but before the self-petition had been approved. The court’s ruling allows the self-petitioner to fully litigate her challenge the USCIS’s revocation of her self-petition due to remarriage in Federal District Court. The court’s rul

Removal defense Federal court VAWA / U / T USCIS Federal district court Direct PDF
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NIWAP Library Resource directory Apr 25, 2024

Federal Preemption in Immigration Law

Friendly House Et Al., V. Michael B. Whiting Et Al ., (June 11, 2010) United States District Court Arizona. Legal Momentum, recruited by the ACLU, MALDEF, The National Immigration Law Center, and the Asian Pacific American Legal Center (represented by Manatt, Phelps, and Phillips) to organize a brief articulating immigrant women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070

Removal defense Federal court Federal district court
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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
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