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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 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
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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
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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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American Immigration Council Practice advisory Jul 6, 2026

Blanche v. Lau and Advising LPRs With Criminal Legal System Encounters About Travel Abroad

On June 23, 2026, the Supreme Court issued an opinion in Blanche v. Lau, No. 25-429, holding that border agents do not need clear and convincing evidence that a lawful permanent resident (“LPR”) returning to the United States after travel is “seeking an admission” under Immigration and Nationality Act (“INA”) § 101(a)(13)(C)(v) at the point of encounter in order for the government to charge that person with inadmissibility in removal proceedings. The majority opinion leaves many open questions,

Removal defense Crimes and categorical approach Adjustment of status Cross-forum 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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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
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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
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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
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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
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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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