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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 Sep 1, 2026

Understanding Matter of Delcarmen-Lara: The New Meaning of "Departure" Under INA § 212(a)(9)(B)

On August 13, 2026, the Board of Immigration Appeals (BIA) issued a decision on Matter of Delcarmen-Lara , that overruled Matter of Arrabally and Yerrabelly and held that travel on advance parole is now a "departure" for purposes of the unlawful presence bars at INA § 212(a)(9)(B)(i). Under this new interpretation, a person who has accrued more than 180 days of unlawful presence and then leaves the United States on advance parole will trigger the 3- or 10-year bar to admissibility. The BIA appli

Detention / bond Waivers BIA appeals BIA Direct PDF
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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 Aug 4, 2026

Sosnava Rodriguez v. Ortega and 8 U.S.C. § 1225(b)(2)(A) Detention in the Fifth Circuit

This practice alert explains the holding of the now-vacated decision on the merits from a panel of the Fifth Circuit in Sosnava Rodriguez v. Ortega , No. 26-50183, and collects caselaw in which district judges have granted habeas relief despite the Fifth Circuit’s recent decisions to vacate the panel’s merits decision and enter a stay of the district court orders pending en banc review.

Detention / bond Federal court Federal district court Court of appeals Direct PDF
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Immigrant Legal Resource Center Template motion Jul 15, 2026

Guide to Filing Your First Habeas Corpus Petition: Central District of California

This step-by-step guide will walk you through the steps for filing your first petition for habeas corpus (immigration) in the Central District of California. The guide provides helpful tips and how-tos from registering for PACER, the federal court electronic filing system, to applying for admission to the district bar, to formatting and filing your petition and motion for injunctive relief. The guide includes helpful screenshots and references to the local rules, as well as links to other useful

Federal court Entry and admission Federal district court Direct PDF
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Immigrant Legal Resource Center Template motion Jul 14, 2026

Ninth Circuit Rules on Due Diligence Standard for Equitable Tolling For Motions to Reopen

The Ninth Circuit issued a decision in Eskilian v. Bondi , 172 F.4th 682 (9th Cir. 2026) on April 2, 2026. This case can guide advocates on demonstrating due diligence for equitable tolling for an otherwise time- or number-barred Motion to Reopen. This analysis could be particularly helpful for clients from countries that previously did not accept individuals deported from the U.S., such as Laos, Cambodia, and Vietnam, as well as those from former Soviet countries.

Motions to reopen / reconsider Detention / bond Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 26, 2026

New BIA Procedural Rules: What's in Effect and What's Not

In February 2026, the U.S. Department of Justice published an Interim Final Rule (IFR), entitled “Appellate Procedures for the Board of Immigration Appeals.” The IFR made sweeping procedural changes to Executive Office for Immigration Review regulations that relate to appeals filed before the Board of Immigration Appeals. The rule’s effective date was March 9, 2026. Fortunately, several provisions of the IFR are not currently in effect due to a court order finding them legally invalid and partia

BIA appeals Evidence and procedure BIA 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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Immigrant Legal Resource Center Sample brief Jun 9, 2026

How To Defend Immigrants Charged With Drug Offenses in California Courts

Detailed defense strategies and options for noncitizens charged with drug offenses in California, with a brief summary of the immigration consequences of controlled substance convictions. Also includes an Appendix for pro se respondents to use for drug overbreadth arguments.

Crimes and categorical approach Immigration court BIA Direct PDF
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