LexisNexis® Legal Newsroom
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...

ACLU / NWIRP Joint Practice Advisory: Conditional Parole

DHS Files Brief to the BIA Acknowledging that IJs May Grant Release on Conditional Parole Under INA § 236(a) as an Alternative to Release on a Monetary Bond "On January 21, 2015, the Department of Homeland Security (“DHS”) filed its brief with the BIA. There, DHS concedes that...

ILRC Practice Advisory: New Cal. Statute (Deferred Entry of Judgment) Aids Immigrants

ILRC, Oct. 2015 - "Effective January 1, 2016, a new California drug law will help defendants avoid catastrophic immigration consequences for minor offenses. The text of the new law, California Penal Code § 1203.43, is set out in Appendix I. Anyone who has successfully completed deferred entry...

ACLU Practice Advisory: Representing Immigrant Children Following Release from Border Patrol Custody

ACLU, Nov. 2015 - "This practice advisory provides a guide for attorneys working with immigrant children who have previously been detained by U.S. immigration officials and placed in removal proceedings."

NYU Law Immigrant Rights Clinic Practice Advisory: Understanding Lora v. Shanahan and the Implementation of Bond Hearings for Immigrants in Prolonged Detention

Understanding Lora v. Shanahan and the Implementation of Bond Hearings for Immigrants in Prolonged Detention, Nov. 18, 2015 "This practice advisory discusses the Second Circuit’s decision in Lora v. Shanahan, No. 14-2343 , -- F.3d -- , [ 2015 U.S. App. LEXIS 18803] (2d Cir. Oct. 28, 2015...

NIJC Practice Advisory: The U Visa Inadmissibility Waiver After L.D.G. v. Holder

NIJC, Jan. 2016 - "Until recently, U visa applicants in removal proceedings who were subject to one or more grounds of inadmissibility relied on U.S. Citizenship and Immigration Services (USCIS) alone to determine whether those inadmissibility grounds would be waived. When USCIS denied a waiver...

ACLU Practice Advisory: USCIS's Controlled Application Review and Resolution Program (CARRP)

Katie Traverso and Jennie Pasquarella, ACLU of Southern California - "This advisory discusses United States Citizenship and Immigration Service’s (“USCIS”) Controlled Application Review and Resolution Program, or “CARRP.” In 2008, USCIS created CARRP as its policy for...

Expedited Removal Practice Advisory

Copyright (c) 2017, American Immigration Council , National Immigration Project of the National Lawyers Guild , and ACLU Immigrants’ Rights Project . Feb. 17, 2017 - "Expedited removal is a procedure that allows a Department of Homeland Security (DHS) official to summarily remove a noncitizen...

NIPNLG Practice Advisory: DHS Implementation Memoranda and Factsheets (Mar. 7, 2017)

NIPNLG, Feb. 7, 2017 - "On February 20, 2017, the Department of Homeland Security (DHS) issued two memoranda with the purpose of implementing the President’s Executive Orders from January 25, 2016, titled Implementing the President’s Border Security and Immigration Enforcement Improvements...

NIPNLG Practice Advisory: Remedies to DHS Enforcement at Courthouses and Other Protected Locations

NIPNLG, Apr. 12, 2017 - "Few are aware that Congress provided statutory remedies in 8 U.S.C. § 1229(e) that may enable an individual who the Department of Homeland Security (DHS) arrests at certain protected locations to terminate removal proceedings. At a time when DHS enforcement is terrifying...

A Practice Advisory on Strategies to Combat Government Efforts to Terminate Unaccompanied Children Determinations

CLINIC Legal, May 2017 - "What is the definition of an unaccompanied child (“UC”) under federal immigration law and what protections are afforded to such children? This practice advisory is intended to educate advocates on important UC protections and assist them with starting-point...

AIC Practice Advisory: Administrative Closure and Motions to Recalendar

AIC, June 15, 2017 - "This practice advisory addresses the recent rise in government motions to recalendar cases that were administratively closed, and suggests strategies for opposing such motions. It also provides a broad overview of the use of administrative closure in immigration court, addresses...