Practice Advisory
Electronic Filing and Access to Electronic Federal Court Documents
This Practice Advisory explains the federal rules authorizing electronic filing in federal court; describes how to file documents in federal court using the Electronic Case Files (CM/ECF) System; and outlines how to access electronic documents through Public Access to Court Electronic Records (PACER). The Advisory discusses restrictions on electronic access to court documents in immigration cases. Read More
Detention under INA § 235(b): The Statutory Scheme and Strategies for Release
Immigration authorities have long invoked § 235(b) of the Immigration and Nationality Act (INA) to justify the detention of noncitizens entering the United States. The number of noncitizens detained under INA § 235(b), rather than the general detention provision, INA § 236(a), has increased exponentially in recent years. The reach… Read More
Seeking Stays of Removal
This practice advisory discusses the law, procedure, and practical tips for seeking a stay of removal from DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals. Read More
Judicial Review of Visa Decisions After the Supreme Court’s Decision in Department of State v. Muñoz
In Department of State v. Muñoz, 602 U.S. 899 (2024), the U.S. Supreme Court concluded that a U.S. citizen and her noncitizen spouse had no access to… Read More
Practice Alert: Padilla v. ICE and Delays in Credible Fear Interviews
The practice alert explains the scope of a class settlement agreement in Padilla v. ICE that provides protections for detained asylum seekers who face prolonged delays before receiving their credible fear interviews. Read More
Litigation for Business Immigration Practitioners
This Practice Advisory has information practitioners need to assess whether filing suit in federal court is the right option for challenging an employment-based petition denial. Read More
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 Step-by-Step Guide to Filing a FOIA Lawsuit
This Practice Advisory provides immigration practitioners with step-by-step instructions about how to file a lawsuit under the Freedom of Information Act. Read More
Practice Tip: Opposing a Motion to Dismiss Asserting the Consular Nonreviewability Doctrine in Agency Delay Cases
Practitioners who challenge delays in visa processing often face a motion to dismiss based on the consular nonreviewability doctrine. This practice tip examines the scope of the doctrine. It provides arguments, with supporting documentation, to oppose common situations that the government claims are final, nonreviewable decisions. Read More
