Practice Advisory
Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies
This Practice Advisory describes the Supreme Court’s decision in Judulang v. Holder, which rejected the BIA's "comparable grounds" test for § 212(c) relief, and offers strategies for lawful permanent residents and others who may be affected by it. Read More
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
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.
Failure to Appeal to the AAO: Does it Bar all Federal Court Review of the Case?
This Practice Advisory discusses whether and how a person can get review of a U.S. Citizenship and Immigration Services decision in federal court if he or she did not appeal the decision to the Administrative Appeals Office (AAO). The Advisory addresses the Supreme Court case Darby v. Cisneros, holding that a plaintiff is not required to exhaust non-mandatory administrative remedies in certain situations, and how it may apply to cases involving appeals to the AAO. Read More
Judicial Review Provisions of The REAL ID Act
On May 11, 2005, the REAL ID Act was signed into law. This Act contains numerous provisions related to federal court review of immigration cases. This Practice Advisory discusses the provisions of the Act that pertain to judicial review of immigration decisions under the INA. Read More
Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court
This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The Advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court. Read More
The Child Status Protection Act
This Practice Advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts. Read More
The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings
This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241. Read More
The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review
This Practice Advisory examines how the courts and the agencies apply the fugitive disentitlement doctrine which arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts. Read More
Voluntary Departure
This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order; the serious consequences that result from failing to depart; and when these consequences do not apply. Read More
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