Community FAQ: Status of Prosecutorial Discretion Under the Biden Administration
This FAQ will explain the status of prosecutorial discretion and what it might mean for immigrants ahead of the Supreme Court’s June 2023 decision on the matter.
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This FAQ will explain the status of prosecutorial discretion and what it might mean for immigrants ahead of the Supreme Court’s June 2023 decision on the matter.
Thousands of noncitizens in California are at risk of removal or cannot qualify for immigration relief because they have unlawfully imposed criminal convictions. The good news is that there are several options under California law to eliminate these convictions for immigration purposes, using post-conviction relief (PCR). This Advisory can help advocates to identify which of these forms of California PCR may help your client, and direct you to more resources about how to obtain it.
Filing an appeal with the Board of Immigration Appeals (BIA) is a crucial step for many noncitizens facing removal because it is the last opportunity to obtain a favorable decision from the Executive Office for Immigration Review. Often, reviewing the immigration judge’s decision for errors is a daunting task. It can be difficult to separate identifying issues to appeal, from the overwhelming sense of injustice that can result from a negative decision. This advisory will focus on reviewing decis
Clients with mental illness have needs and vulnerabilities that present unique challenges in immigration proceedings. This practice advisory provides an overview on advocating for clients with mental health issues, specifically focusing on representation in the detained setting. The advisory discusses legal authority that an immigration practitioner can utilize to protect a client’s due process rights and ensure their client’s agency is respected and they have a meaningful opportunity to present
This advisory provides detailed instruction on how and where to file a motion to reopen for attorneys who have successfully vacated a conviction for immigration purposes and their client is now eligible for termination or a form of relief. In addition, the advisory addresses the impact of the post-departure bar and reinstatement of prior removal order on post-conviction relief motions to reopen.
This practice advisory discusses motion to reopen strategies for noncitizens who have successfully obtained qualifying post-conviction relief. Section II distinguishes among motions to reopen, motions to remand, motions to reconsider, and motions to terminate. Section III provides an overview of motions to reopen. Section IV outlines the evidentiary requirements of motions to reopen. Section V summarizes exceptions to motions to reopen time and number limitations, including joint motions to reop
On February 10, 2022, USCIS released several VAWA Self-Petition policy changes. The changes include the nationwide implementation of two circuit court decisions and changes in USCIS’s interpretation of the joint residence requirement for VAWA Self-Petitioners. This practice advisory contains short summaries of USCIS’s VAWA Self-Petition policy changes.
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This advisory provides practitioners with basic information about the public charge ground of inadmissibility, including addressing what is public charge, who does it apply to, how is public charge evaluated, and could being a public charge make someone deportable.
DHS issued new enforcement and prosecutorial discretion guidance on September 30, 2021. This practice advisory from the ILRC, NIPNLG, and IDP provides immigration practitioners with an overview of the enforcement priorities and other key policy changes described in recent DHS and ICE memos, and discusses strategies to use these priorities to advocate for prosecutorial discretion.
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