BIA Edge

Practice resources

Practice resources

Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

More filters
Clear all
918 resources 24 sources 848 direct files
Common starting points
Immigration court deadline 624 Asylum merits package 95 Motions, stays, and pretermission 139 Bond, detention, and habeas 85 BIA, PFR, and federal court 466 USCIS and AAO appeals 214 Crim-imm screening 158 VAWA, U, T, and survivor relief 197
Topic: Removal defense Clear Workflow: BIA, PFR, and federal court Clear

Results

Showing 1-12 of 138 resources.

Sorted by Newest first
Immigrant Legal Resource Center Practice advisory Aug 11, 2026

US v. Lopez: Ninth Circuit Holds Cal. Pen. Code § 273.5 not a Crime of Violence

On July 28, 2026, the Ninth Circuit ruled that Cal. Pen. Code § 273.5 is not a crime of violence. This practice advisory discusses the reasoning of the decision and provides advice on next steps for removal defense practitioners and criminal defenders representing noncitizens.

Removal defense Crimes and categorical approach Court of appeals Direct PDF
Direct PDF Source page Record
NIWAP Library Amicus brief Jun 18, 2026

Samuel Cardenas v. Attorney Genera

NIWAP was lead amicus joined by Legal Momentum and the Tahirih Justice Center on a brief submitted to the Third Circuit prepared by the law firm Haynes and Boone. Under VAWA and U.S.C. § 1367, the amici argued that abused immigrant children and stepchildren are entitled to protections regardless of when their abuser obtained lawful permanent residency status. The Amicus Brief urged the 3rd Circuit to reject the Board of Immigration Appeals’ reliance on the Matter of L-L-P, which imposed a timing

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
Direct PDF Source page Record
NIWAP Library Amicus brief Jun 18, 2026

See also Cardenas Supplemental Letter

This supplemental letter requested by the 3rd Circuit from the parties addressed the following issues: 1) An applicant for cancellation of removal need not show continuing abuse at the time of the application under 8 U.S.C. § 1229b(b)(2)(A)(i)(II) and (2) The Court can, but should not, consider this issue without remand.

Removal defense VAWA / U / T Court of appeals Direct PDF
Direct PDF Source page Record
National Immigration Project Template motion Jun 17, 2026

Template Motion to Reconsider Before the Immigration Court and Motion to Remand Before the BIA Based on Vacatur of the Circumvention of Lawful Pathways Rule

On June 3, 2026, a federal district court in California entered a final judgment in the East Bay Sanctuary Covenant v. Trump , vacated the Circumvention of Lawful Pathway (“CLP”) rule, codified at 8 C.F.R. § 1208.33 et seq. The vacatur means that the CLP rule has been set aside and is without legal effect unless and until the ruling is stayed, modified, or reversed on appeal. As a result, noncitizens whose asylum applications were denied solely because of the CLP rule—but who were otherwise foun

Asylum Removal defense Motions to reopen / reconsider Immigration court BIA Direct PDF
Direct PDF Source page Record
National Immigration Project Practice advisory Mar 13, 2026

Stays of Removal

A stay of removal prevents the Department of Homeland Security from executing a final order of removal against a person. DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals all have the authority to grant stays of removal. If a stay of removal is in effect, DHS may not remove the person from the United States. This practice advisory explains how to seek a court-ordered stay of removal with an IJ, the BIA, and the U.S. courts of appeals, and how to seek an ad

Removal defense BIA appeals Immigration court BIA Direct PDF
Direct PDF Source page Record
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
Direct PDF Source page Record
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
Direct PDF Source page Record
NIWAP Library Amicus brief Feb 1, 2026

Nvart Idinyan (formerly Nvart Huckfeldt) (August 9 2005) Board of Immigration Appeals

Nvart Idinyan (formerly Nvart Huckfeldt) (August 9 2005) Board of Immigration Appeals. The National Network to End Violence Against Immigrant Women, represented by Crowell and Moring, filed this amicus in support of the immigration judge’s finding that plaintiff qualified for cancellation of removal under VAWA and refuting DHS assertion that once a victim reached a “safe house” she should no longer have access to VAWA provisions. (Crowell and Moring, Pro Bono)

Removal defense BIA appeals VAWA / U / T Immigration court BIA Direct PDF
Direct PDF Source page Record
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
Direct PDF Source page Record
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
Direct PDF Source page Record