Immigration at the Border
Common Tools of Statutory Construction for Criminal Removal Grounds
This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the Board of Immigration Appeals (BIA) and the U.S. courts of appeals. To determine whether a criminal conviction renders a noncitizen removable under federal… Read More
Practice Alert: Overview of the Supreme Court’s Decision in Pugin v. Garland
This practice advisory looks into the decision by the U.S. Supreme Court issued in Pugin v. Garland, 143 S. Ct. 1833 (2023). This immigration decision addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S). Read More
A Guide to Obtaining Detention Records
Our comprehensive guide on obtaining detention records provides a brief overview of FOIA requirements, information about the types of records government agencies possess, tips about how to request those records, and an overview of what to expect after submitting the request. Read More
Standards of Review Applied by the Board of Immigration Appeals
This practice advisory discusses the standards of review that the Board of Immigration Appeals is required to employ when it reviews appeals of immigration judge decisions. Read More
Raids Response Materials for Individuals with Final Removal Orders
These template materials will assist attorneys representing individuals with final removal orders issued by the Executive Office for Immigration Review. Read More
Reinstatement of Removal
This practice advisory provides an overview of the reinstatement statute and implementing regulations, including how the Department of Homeland Security (DHS) issues and executes reinstatement orders. Read More
Notices to Appear
This Practice Advisory provides legal and procedural arguments and strategies for attorneys representing noncitizens. Read More
Bivens Basics: An Introductory Guide for Immigration Attorneys
This practice advisory provides an overview of the Supreme Court’s decision in Bivens, the benefits and risks of bringing a Bivens claim, and practical and legal information about filing a Bivens claim in federal court. Read More
Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection
This Practice Advisory addresses some of the legal issues that may arise when noncitizens in removal proceedings seek to suppress evidence unlawfully obtained by Customs and Border Protection officers. Read More
Arriving Noncitizens and Adjustment of Status
This practice advisory identifies who falls under the classification of “arriving noncitizens,” discusses the regulations delineating USCIS vs. EOIR jurisdiction over adjustment applications of arriving noncitizens in removal proceedings and suggests strategies to facilitate the adjustment of status of eligible parolees in removal proceedings before they are removed. Read More
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