Immigration at the Border

Immigration at the Border

Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations

Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment Violations

This Practice Advisory discusses some of the legal issues that may arise when noncitizens in removal proceedings move to suppress evidence obtained through constitutional violations by state and local officers seeking to enforce immigration law. Read More

Arriving Noncitizens and Adjustment of Status

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

Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues

Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues

This Practice Advisory discusses the “departure bar” to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

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

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

This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status. Read More

Introduction to Habeas Corpus

Introduction to Habeas Corpus

This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

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