REPRESENTING CLIENTS WITH MENTAL COMPETENCY ISSUES UNDER MATTER OF M-A-M-

PRACTICE ADVISORY By The Legal Action Center and The University of Houston Law Center Immigration Clinic. Nov. 30, 2011. Copyright © 2011 American Immigration Council.

Practice Advisory: DHS REVIEW OF LOW PRIORITY CASES FOR PROSECUTORIAL DISCRETION

"[T]his practice advisory not only summarizes DHS’s current policies on prosecutorial discretion but also explains some of the ambiguities and contradictions that the recent announcements have created." - The Legal Action Center and Alexsa Alonzo, updated Dec. 12, 2011 . Copyright (c...

Judulang Practice Advisory

IMPLICATIONS OF JUDULANG V. HOLDER FOR LPRs SEEKING § 212(c) RELIEF AND FOR OTHER INDIVIDUALS CHALLENGING ARBITRARY AGENCY POLICIES - Dec. 16, 2011, by Manny Vargas, Nancy Morawetz, Trina Realmuto, Dan Kesselbrenner, and Beth Werlin .

LAC Practice Advisory Update: DHS REVIEW OF LOW PRIORITY CASES FOR PROSECUTORIAL DISCRETION

"[T]his practice advisory not only summarizes DHS’s current policies on prosecutorial discretion but also explains some of the ambiguities and contradictions that the recent announcements have created." - LAC, Feb. 13, 2012 . Copyright (c) 2011 American Immigration Council.

Vartelas Practice Advisory

" This Practice Advisory describes the Supreme Court's decision in Vartelas v. Holder, holding that the Fleuti doctrine still applies to lawful permanent residents (LPRs) with pre-IIRIRA convictions. This means that LPRs with convictions before April 1, 1997 who travel abroad do not...

Seeking a Judicial Stay of Removal: Practice Advisory

"[ Here is a] link to our latest practice advisory, entitled: “Seeking a Judicial Stay of Removal in the Court of Appeals: Standard, Implications of ICE’s Return Policy and the OSG’s Misrepresentation to the Supreme Court, and Sample Stay Motion.” This advisory: Provides...

Practice Advisory: Model Briefing for Defending Eligibility for LPR Cancellation of Removal Where the Record of Conviction Is Inconclusive

"On May 4th, IDP and the Stanford Law School Immigrant Rights Clinic issued an updated practice advisory with model briefing for immigrants and their lawyers fighting criminal bars on eligibility for relief from removal. In an application for relief from removal, the noncitizen has the burden...

Dent v. Holder and Strategies for Obtaining Documents During Removal Proceedings

"This Practice Advisory discusses Dent v. Holder , requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process." Published On: Tuesday, June 12, 2012 | Download...

AIC LAC Deferred Action Practice Advisory

"This Practice Advisory provides an overview of DHS's June 15, 2012 announcement that it will grant deferred action for certain young people who came to the United States as children. It provides preliminary analysis and suggestions for attorneys representing individuals who may qualify...

Immigration Litigation & the Chenery Doctrine - Practice Advisory

"Have you ever rubbed your eyes or scratched your head in disbelief after reading a government brief that urges the federal court to uphold an immigration decision based on a reason or rationale not discussed, or even mentioned, in the decision itself? If you litigate immigration cases in federal...

DACA Practice Advisory Updated

" This practice advisory incorporates recent DHS guidance regarding fraudulent Social Security numbers, required evidence, and travel considerations for individuals who are requesting Deferred Action for Childhood Arrivals (DACA). It also offers strategic advice for attorneys representing individuals...

Practice Advisory: Oliva-Ramos v. Attorney General (Third Circuit suppression case)

"Please find attached a practice advisory on the Third Circuit’s groundbreaking decision in Oliva-Ramos v. Attorney General. The mandate in the case just issued this week. In Oliva-Ramos, the Third Circuit held that evidence obtained through “egregious” or “widespread”...

LAC Practice Advisory: Return to the United States After Prevailing on a Petition for Review or Motion to Reopen

"This practice advisory contains practical and legal suggestions for individuals seeking to return to the United States after they have prevailed on a petition for review or an administrative motion to reopen or reconsider to the immigration court or Board of Immigration Appeals." - Copyright...

Moncrieffe v. Holder: Implications for Drug Charges and Other Issues Involving the Categorical Approach

"In Moncrieffe , the Supreme Court held that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. This practice advisory discusses the holding of the case, the decision’s potential broader implications...

Immigration Benefits and Pitfalls for LGBT Families in a Post-DOMA World - Practice Advisory

"In United States v. Windsor , the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. With the end of DOMA, married LGBT binational couples can access the panoply of marriage-based immigration benefits and forms of relief from removal. This practice advisory...

Motions to Suppress in Removal Proceedings: Cracking Down on 4th Amendment Violations - New LAC Practice Advisory

"Increasingly, state and local law enforcement officers are assisting the federal government in immigration enforcement, whether through formal agreements under Section 287(g) of the Immigration and Nationality Act; through participation in Secure Communities and the Criminal Alien Program; through...

Practice Advisory: Advance Parole for DACA Recipients

"One of the benefits of DACA is that a recipient may seek permission – through a process known as “advance parole” – to travel abroad temporarily for humanitarian, educational, or employment purposes. This practice advisory provides guidance on advance parole eligibility...

Practice Advisory: Seeking a Judicial Stay of Removal in the Court of Appeals

"This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their...

Particular Social Group Practice Advisory: Applying for Asylum After Matter of M-E-V-G- and Matter of W-G-R

"This practice advisory is primarily intended for attorneys practicing within the jurisdiction of the Seventh Circuit. Attorneys practicing within other jurisdictions are encouraged to utilize other resources specific to their jurisdiction in addition to this practice advisory." - NIJC, Mar...

Practice Advisory: Why U.S v. Castleman Does Not Hurt Your Immigration Case and May Help It

"On March 26, in United States v. Castleman, the Supreme Court settled a circuit split over the meaning of a federal criminal law that prohibits people who have been convicted of misdemeanor domestic violence crimes from possessing guns or ammunition. Castleman is a problematic decision for criminal...

Practice Advisory: Matter of Chairez-Castrejon

"On July 24, the Board of Immigration Appeals (“Board” or “BIA”) issued a decision in which it applied last year’s Supreme Court’s decisions in Moncrieffe v. Holder and Descamps v. United States to modify and/or clarify the Board’s views on proper application...

DACA Practice Advisory: American Immigration Council

"This edition of this practice advisory includes information about the DACA Renewal process, as well as general information about deferred action, Initial DACA requests, and ancillary issues." - AIC, Aug. 27, 2014 . [Copyright (c) 2014 American Immigration Council. The American Immigration...