Practice Advisory

Practice Advisory

<em>Bivens Basics</em>: An Introductory Guide for Immigration Attorneys

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

Strategies and Considerations in the Wake of <em>Pereira v. Sessions</em>

Strategies and Considerations in the Wake of Pereira v. Sessions

The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective Notices to Appear. This practice advisory provides an overview of the Pereira v. Sessions decision and its impact on eligibility for cancellation of removal and post conclusion voluntary departure. Read More

The Basics of Motions to Reopen EOIR-Issued Removal Orders

The Basics of Motions to Reopen EOIR-Issued Removal Orders

This practice advisory provides a basic overview of motions to reopen removal orders that are filed with the Executive Office for Immigration Review (EOIR), which consists of immigration courts throughout the country and the Board of Immigration Appeals, located in Falls, Church Virginia. The advisory also provides basic information about… Read More

Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by U.S. Customs and Border Protection

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

Voluntary Departure Rule: Q&A

Voluntary Departure Rule: Q&A

This Q&A informs lawyers about some of the most important aspects of the December 18, 2008 voluntary departure rules adopted by Executive Office for Immigration Review.

Practice Tip: Mandamus May Get Results When Nothing Else Works

Practice Tip: Mandamus May Get Results When Nothing Else Works

This Practice Tip demystifies mandamus by explaining how and when to ask a court for this remedy when a client has been waiting too long for USCIS to make a decision.

Practice Tip: When to Appeal to the Administrative Appeals Office (AAO)

Practice Tip: When to Appeal to the Administrative Appeals Office (AAO)

This Practice Tip analyzes the pros and cons of appealing to the Administrative Appeals Office (AAO) following the denial of an employment-based visa petition. Read More

Practice Tip: Responding to a Request for Evidence

Practice Tip: Responding to a Request for Evidence

This Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response. Read More

Practice Tip: Building the Record for Employment-Based Petitions

Practice Tip: Building the Record for Employment-Based Petitions

This Practice Tip outlines how you can build a strong administrative record to set the stage for challenging the denial of a client's visa petition in federal court. Read More

Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD. Read More

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