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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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National Immigration Project Practice advisory Jul 25, 2025

Fighting for a Day in Court: Understanding and Responding to Pretermission of Asylum Applications

Immigration Judges have increasingly begun to pretermit asylum applications--often ordering asylum seekers removed without ever having a chance to have a hearing on their claims. This Practice Advisory (PA) discusses a recent Policy Memo by the Executive Office for Immigration Review Acting Director and a recent Board of Immigration Appeals decision, which have prompted judges to pretermit cases. The PA also contains practical tips on how to fight this practice.

Asylum Removal defense BIA appeals Immigration court BIA Direct PDF
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Immigration Equality Practice advisory Jun 1, 2025

Pretermission Web Advisory for Pro Bono Attorneys

Overview of recent EOIR policy changes allowing dismissal or pretermission of some defensive asylum applications without a hearing, with guidance for practitioners representing people in removal proceedings.

Asylum Removal defense Evidence and procedure Immigration court BIA Direct PDF
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National Immigration Project Practice advisory Apr 15, 2025

Practice Advisory: Navigating the Removal Proceedings of J.O.P. Class Members and Other Asylum Seekers with Prior Unaccompanied Child Determinations

This practice advisory provides strategies for practitioners to navigate removal proceedings for J.O.P. class members and other asylum seekers with prior unaccompanied child determinations in light of three recent legal developments: (1) the 2024 J.O.P. Settlement Agreement, (2) final Executive Office for Immigration Review regulations issued in 2024, and (3) a 2025 USCIS memorandum implementing the J.O.P. Settlement Agreement.

Asylum Removal defense Children and SIJS USCIS Direct PDF
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Immigration Equality Practice advisory Feb 11, 2025

Attorneys, Advise Your Clients of Their Rights

Last Updated February 11, 2025 The Trump administration has been targeting immigrant and LGBTQ communities through a slate of Executive Orders designed to erase transgender, non-binary and intersex identities, decimate asylum and refugee protections, and fast track mass deportations. The orders are unprecedented in their scope. Many are blatantly illegal, some unconstitutional, but virtually all harm the LGBTQ and HIV-positive immigrants, families, and communities we serve. Our clients are under

Asylum Removal defense Cross-forum 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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Immigrant Legal Resource Center Practice advisory Dec 12, 2023

"Particularly Serious Crime" Bars to Asylum and Withholding

This advisory analyzes and explains the particularly serious crime bar to asylum and withholding of removal. It describes the factors to consider in determining whether a crime is a "particularly serious crime" and how to challenge a particularly serious crime determination.

Asylum Withholding / CAT Removal defense Cross-forum Direct PDF
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Immigrant Legal Resource Center Chart Nov 21, 2023

Qualifying for Protection Under the Convention Against Torture

Protection under the Convention Against Torture (CAT) is an important relief option for individuals who are unable to qualify for asylum or withholding of removal. This advisory reviews the legal standard for CAT protection. It also provides an overview of seminal Board of Immigration Appeals and federal circuit court decisions that discuss the various elements of a CAT claim. The end of the advisory contains a useful chart which compares asylum, withholding of removal, and CAT.

Asylum Withholding / CAT Removal defense BIA Court of appeals Direct PDF
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National Immigration Project Practice advisory Aug 18, 2023

Practice Advisory: Motions to Reopen Migrant Protection Protocols Removal Orders

(Updated Dec. 27, 2023) This practice advisory, authored by the National Immigration Project and the Center for Gender and Refugee Studies, offers a comprehensive review of strategies for reopening cases that were denied under the Migrant Protection Protocols ("MPP"), including equitable tolling arguments, the substantive standards for reopening in absentia and non-in absentia removal orders, and tips for advocating for clients who were in MPP. The advisory also discusses the complexities around

Asylum Removal defense Motions to reopen / reconsider Cross-forum Direct PDF
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National Immigration Project Practice advisory May 31, 2021

Practice Alert Update: Proposed Criminal Bars to Asylum - Current Status of Regulations Governing Eligibility for Asylum and (c)(8) EAD

On July 9, 2020, NIPNLG published a Practice Alert examining the intersection of the criminal bars proposed in those regulations. In the latter half of 2020, final versions of all three proposed rules were issued, and were subsequently challenged in litigation before their effective dates. This Practice Alert provides an update on the current status of the rules as they apply to asylum seekers with criminal contacts in light of the litigation developments. As these proceedings are ongoing, this

Asylum Removal defense Crimes and categorical approach Cross-forum Direct PDF
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NIWAP Library Amicus brief May 12, 2021

Petition for asylum was granted and remand for further proceedings by Circuit Judge Graber and Judge Richard A. Paez (04/05/21)

In this opinion the 9th Circuit Federal Court of Appeals ruled that Rodrigues Tornes is eligible for gender based asylum because her domestic abusers (both her former husband and later another former intimate partner) persecuted her for her feminist opinions and views on her rights as a woman. In this case issued after both “Matter of A-B- I” and “Matter of A-B- II the 9th Circuit federal court of appeals ruled that a woman who was persecuted by domestic abusers because of a feminist political o

Asylum Removal defense BIA Court of appeals Direct PDF
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Ready to Stay Resource directory No date

Ready to Stay Legal Resources Directory

Ready to Stay directory of public asylum and removal-defense resources assembled for practitioners and pro bono volunteers.

Asylum Removal defense Evidence and procedure Cross-forum Immigration court
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