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Immigration Practice Resources

Search immigration practice advisories, sample filings, manuals, brief banks, and government guidance from trusted practitioner sources.

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American Immigration Council Practice advisory Jul 14, 2016

Finality of Removal Orders for Judicial Review Purposes

The Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a “final” removal order for purposes of federal court review.

Removal defense BIA appeals Federal court Immigration court BIA Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

How to File a Petition for Review

Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.

Removal defense BIA appeals Federal court BIA Court of appeals Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Inspection and Entry at a Port of Entry: When is there an Admission?

This Practice Advisory focuses on the meaning of “admission” in four very specific, but frequently encountered situations: a “wave-through” at a port of entry; and entry based on misrepresentation; an entry based on a false claim to U.S. citizenship; and the grant of TPS as an admission for purposes of adjustment of status.

Removal defense Adjustment of status Naturalization Cross-forum Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Judicial Review Provisions of The REAL ID Act

On May 11, 2005, the REAL ID Act was signed into law. This Act contains numerous provisions related to federal court review of immigration cases. This Practice Advisory discusses the provisions of the Act that pertain to judicial review of immigration decisions under the INA.

Removal defense Federal court Court of appeals Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

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.

Removal defense Evidence and procedure Cross-forum Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

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.

Removal defense Motions to reopen / reconsider BIA appeals Immigration court BIA Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

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.

Removal defense BIA appeals Consular practice USCIS BIA Direct PDF
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American Immigration Council Practice advisory Jul 14, 2016

Voluntary Departure

This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order; the serious consequences that result from failing to depart; and when these consequences do not apply. The Advisory also analyzes important changes in the caselaw and outlines arguments for when the consequences for failing to depart pursuant to a voluntary departure order should not apply. The Appendix provides background about the eligibility

Removal defense Cross-forum Direct PDF
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