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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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Showing 1-12 of 158 resources.

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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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Immigrant Legal Resource Center Practice advisory Jul 14, 2026

Supreme Court Holds LPRs with Pending Criminal Charges May Be Deemed Applicants for Admission When Re-Entering the United States: Blanche v. Lau

On June 23, 2026, the U.S. Supreme Court issued a 6-3 decision in Blanche v. Lau , in which it held that a border officer can determine that a lawful permanent resident (LPR) returning to the United States after a trip abroad is an applicant for admission based on the commission of a crime, even without clear and convincing evidence to support that finding. Mr. Lau, an LPR, traveled abroad while a criminal charge was pending against him for a potential crime involving moral turpitude (CIMT). Eve

Crimes and categorical approach Adjustment of status Entry and admission Cross-forum 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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Immigrant Legal Resource Center Practice advisory Jun 30, 2026

Immigration Consequences of Prop 36 and Other New California Offenses Part Two: Property Crime Offenses

This advisory is part II of a two-part advisory on the federal immigration consequences of California Proposition 36 enacted in December 2024. Part I on Prop 36 and controlled substance offenses is found here . Part II discusses the immigration consequences of a conviction for a property crime or property crime enhancement under Prop 36, specifically new Cal. Penal Code § 666.1 and § 490.3 and new enhancements under Cal. Penal Code § 12022.6 and § 12022.65. This advisory outlines criminal defens

Crimes and categorical approach Cross-forum Direct PDF
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National Immigration Project Practice advisory Jun 24, 2026

Denaturalization and Revocation of Naturalization

Historically, the U.S. government has rarely pursued denaturalization. However, the Trump administration claims to be increasing its capacity and resources to pursue an unprecedented number of denaturalization cases in its second term, an approach that is at odds with historical practice. This practice advisory gives an overview of legal authorities for denaturalization, discusses civil denaturalization proceedings, explains denaturalization based on convictions for naturalization fraud, provide

Crimes and categorical approach Naturalization Cross-forum 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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National Immigration Project Practice advisory Feb 27, 2026

Crim-Imm Case Law Updates 2025

The Board of Immigration Appeals (BIA or Board), the U.S. Courts of Appeals, and the Supreme Court have issued many decisions in the past year that implicate the rights of noncitizens. This resource is designed to help immigration practitioners familiar with the categorical approach stay current on significant case law developments over the past year at the intersection of immigration and criminal law. This resource begins with an overview of notable case law developments before the BIA, the U.S

Crimes and categorical approach BIA appeals BIA Direct PDF
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Immigrant Legal Resource Center Practice advisory Feb 10, 2026

California Penal Code § 245(a) is not a Crime of Violence

On January 13, 2026, the Ninth Circuit issued an en banc decision holding that a violation of California Penal Code § 245(a)(1) (assault with a deadly weapon) is not a crime of violence. United States v. Gomez, No. 23-435 (9th Cir., Jan. 13, 2026) (en banc). After this decision, no conviction for PC § 245(a)(1) can be an aggravated felony. For criminal defenders, the best practice is to avoid a PC § 245(a)(1) conviction until the timeline for certiorari on Gomez has expired—the ninety-day period

Crimes and categorical approach Adjustment of status Court of appeals Direct PDF
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Immigrant Legal Resource Center Practice advisory Jun 3, 2025

Immigration Consequences of Prop 36 and Other New California Offenses: Part One, Controlled Substance Offenses

This advisory discusses the immigration consequences of a conviction for a controlled substance offense under California Prop 36, specifically Cal. H&S Code § 11395. This advisory explains the immigration consequences of a criminal plea to a Prop 36 controlled substance offense. It outlines criminal defense strategies for defenders to avoid these pleas and outlines removal defense strategies for immigration practitioners where the plea cannot be avoided.

Removal defense Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory May 20, 2025

Gonzalez v. ICE Advisory for Criminal Defense Attorneys

Step by step explanation for criminal defense counsel of how to identify ICE detainers that may be issued in violation of the Gonzalez v. ICE class action. This class action settlement applies nation-wide to limit ICE’s issuance of detainers. This advisory walks through the basics of the case and how to monitor and respond to any violations of the settlement.

Crimes and categorical approach Cross-forum Direct PDF
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Immigrant Legal Resource Center Practice advisory May 14, 2025

Discussing Registration with Clients

On April 11, 2025, the new Form G-325R took effect as a general tool to register all previously unregistered noncitizens under an antiquated and rarely invoked provision of the Immigration & Nationality Act, with criminal penalties for willful failure to register. This advisory was written to assist attorneys in discussing registration and the new Form G-325R with clients, including screening for prior registration and assessing the potential consequences of registering or not registering, so th

Crimes and categorical approach Cross-forum Direct PDF
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ASISTA Practice advisory Mar 1, 2025

Practice Alert: Successful Arguments in Federal District Court For Expansive Analysis of U Visa Qualifying Criminal Activity (March 2025)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
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