Practice Advisory
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
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. Read More
Rescinding an In Absentia Order of Removal
There are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: (1) they did not receive notice of the hearing, and (2) they did not appear at their hearing because of exceptional circumstances. This Practice Advisory addresses the elements and requirements for an in absentia motion to reopen in both contexts. Read More
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
Motions to Suppress in Removal Proceedings: A General Overview
This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law. Read More
Dent v. Holder and Strategies for Obtaining Documents During Removal Proceedings
This Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process. Read More
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