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Practice Advisories

LAC Practice Advisories provide in depth discussion and analysis of select substantive and procedural issues in immigration law. The Practice Advisories are intended to assist lawyers and do not substitute for individual legal advice supplied by a lawyer familiar with a client's case.

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  • "Arriving Aliens" and Adjustment of Status

    Interim regulations adopted in 2006 but currently still in effect, provide parolees and others categorized as “arriving aliens” in removal proceedings with an opportunity to adjust their status before USCIS as long as they are physically present in the United States. This practice advisory explains the regulations’ division of jurisdiction between USCIS and EOIR, defines key concepts, and suggests strategies to ensure that parolees in removal proceedings who are eligible to adjust status are able to do so before they are removed. 

    Published On: Monday, November 9, 2015 | Download File

  • How to File a Petition for Review

    Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.

    Published On: Monday, November 9, 2015 | Download File

  • Mandamus Litigation Addressing DOL Delays

    This Practice Advisory provides basic information about mandamus actions and suggests strategies and practice tips for bringing a mandamus action against the Department of Labor (DOL).

    Published On: Friday, November 6, 2015 | Download File

  • Inspection and Entry at a Port of Entry: When is there an Admission?

    This practice advisory discusses entries in three common situations: where a noncitizen is “waved” through a port of entry with no questions asked; where entry is gained by fraud or misrepresentation; and where there is a false claim to U.S. citizenship.  With respect to each situation, the practice advisory explores whether an “admission” has occurred, the individual’s immigration status upon entry, and the immigration consequences of the action.  It also discusses the impact of these three types of entries on a DACA application.

    Published On: Thursday, October 22, 2015 | Download File

  • Prosecutorial Discretion Requests Under the Johnson Enforcement Priorities Memorandum

    This Practice Advisory, co-authored by the American Immigration Council and AILA, provides a close reading of Secretary Johnson’s November 20, 2014 memorandum on Policies for the Apprehension, Detention and Removal of Undocumented Immigrants. It briefly discusses DHS’s new three-tiered enforcement prioritization scheme, the various exceptions to the enumerated priorities, use of detention, and steps the agency is taking to implement the new policies. This Practice Advisory has been updated to include information about guidance issued on April 6, 2015 to immigration judges and attorneys with ICE’s Office of the Principal Legal Advisor regarding implementation of Secretary Johnson’s memorandum.

    Published On: Tuesday, May 5, 2015 | Download File