Practice Advisory
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
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.
Screening Potential DACA Requestors for Other Forms of Relief
This Practice Advisory is designed to assist attorneys in determining whether individuals seeking Deferred Action for Childhood Arrivals might be eligible for immigration benefits. Read More
Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock
The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD). 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
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
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
Federal Court Jurisdiction Over Discretionary Decisions After REAL ID
This Practice Advisory discusses the changes that the REAL ID Act made to INA § 242(a)(2)(B) and outlines an analysis for whether §242(a)(2)(B) applies to a particular case. It also discusses federal court jurisdiction over discretionary decisions after the REAL ID Act in the removal and non-removal contexts. The government has asserted this jurisdictional bar in employment-based, family-based, and humaritarian-based immigration cases. 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
How To File A Petition For Rehearing, Rehearing En Banc And Hearing En Banc In An Immigration Case
This Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals.
America's story is an immigrant story.
