National Immigration Project of the National Lawyers Guild (NIPNLG) Practice Advisories

NIPNLG Practice Advisories address select substantive and procedural immigration law issues faced by attorneys, legal representatives and noncitizens.

They are based on legal research and may contain potential arguments and opinions of the author.

Practice advisories are intended to alert readers of legal developments, assist with developing strategies and/or aid decision making. They are not meant to replaced independent legal advice provided by an attorney familiar with a client’s case.

Practice Alert: Matter of S-O-G- & F-D-B- (October 10, 2018)

Challenging a "Tier III" Terrorism Determination in Removal Proceedings (Practice Advisory and Appendix) (September 20, 2018)

Pereira v. Sessions: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information (July 5, 2018)

Terminating Removal Proceedings for Activists Targeted for Political Speech (June 19, 2018)

Sessions v. Dimaya: Supreme Court Strikes Down 18 U.S.C. § 16(b) as Void for Vagueness (April 25, 2018)

Sample Statutory Motion to Reconsider and Terminate Removal Proceedings in Light of Sessions v. Dimaya (April 27, 2018) [Word doc]

Legal Memorandum: Understanding the Federal Offenses of Harboring, Transporting, Smuggling, and Encouraging under 8 U.S.C. § 1324(a) (September 28, 2017) [PDF]

Jae Lee v. U.S.: Establishing Prejudice under Padilla v. Kentucky (July 7, 2017) [PDF]

Esquivel-Quintana v. Sessions: Supreme Court Limit Reach of Aggravated Felony "Sexual Abuse of a Minor" Ground and Provides Support on Other Crim-imm Issues (June 8, 2017) [PDF]

Remedies to DHS Enforcement at Courthouses and Protected Locations (April 11, 2017) [PDF]

Expedited Removal: What has Changed Since Executive Order No. 13767, Border Security and Immigration Enforcement Improvements (Issued on January 25, 2017) (February 17, 2017) [PDF]

Administrative Removal under § 238(b): Questions and Answers (February 16, 2017) [PDF]

Sample Notice of Intent [PDF]

Sample Final Order [PDF]

Sample § 238(b) Response to Notice of Intent (Word)

Sample § 238(b) Petition for Review (Word)

Trump Administration Executive Order Outlining New Enforcement Priorities (January 26, 2017) [PDF]

Incoming Trump Administration Considers Targeting Muslims for Special Registration:Preliminary Questions and Answers (November 23, 2016) [PDF]

Voisine v. United States: Practice Alert (July 1, 2016) [PDF]

Mathis v. United States: Practice Alert (July 1, 2016) [PDF]

Luna-Torres v. Lynch: Practice Alert (May 20, 2016) [PDF]

The Bangladesh National Party is Not a Tier III Terrorist Organization: Sample Brief (Aug. 24, 2015) [PDF]

Requesting Prosecutorial Discretion for Individuals in Removal Proceedings or Detention While the Injunction in Texas, et al. v. United States Remains in Effect (July 29, 2015) [PDF]

How Johnson v. United States May Help Your Crime of Violence Case (July 6, 2015) [PDF]

Mellouli v. Lynch: Further Support for a Strict Categorical Approach for Determining Removability under Drug Deportation and Other Conviction-Based Removal Grounds (June 8, 2015) [PDF]

Return to the United States after Prevailing on a Petition for Review or Motion to Reopen or Reconsider (April 27, 2015) [PDF]

Practice Advisory for Defenders: Attorney General Holder Issues Order that Should Give Defense Lawyers Better Ability to Limit the Immigration Consequences of Guilty Pleas to Certain Charges (April 29, 2015) [PDF]

Preventing the Removal of Individuals Eligible for Deferred Action for Parental Accountability (DAPA) or Expanded Deferred Action for Childhood Arrivals (Expanded DACA) (March 18, 2015) [PDF]

Crimes-Related Bars to Deferred Action for Childhood Arrivals (DACA) (January 6, 2015) [PDF]

Visa Activity in the Post-Homeland Security Act Era: the Division of Responsibilities between the Departments of Homeland Security and State (Jan. 6, 2015) [PDF]

Visa-Related Activity Chart [PDF]

Visa Statutes Chart [PDF]

6 U.S.C. § 236 [PDF]

MOU Between the DOS and DHS Concerning§ 428 of the Homeland Security Act of 2002 [PDF]

9 FAM 40.6 Notes (2009) [PDF]

Preventing the Removal of Individuals Eligible for Deferred Action for Parental Accountability (DAPA) or ExpandedDeferred Action for Childhood Arrivals (Expanded DACA) (December 23, 2014) [PDF]

Deferred Action for Parental Accountability (DAPA) Practice Advisory for Criminal Defenders (November 24, 2014) [PDF]

Realistic Probability Practice Advisory (November 5, 2014) [PDF]

Termination or Administrative Closure of Removal Proceedings Based on Prima Facie Eligibility for DACA, and SampleMotion (September 15, 2014 [PDF]

Sample Motion [DOC]

Deferred Action for Childhood Arrivals (August 27, 2014) [PDF]

Chairez-Castrejon Practice Advisory (August 1, 2014) [PDF]

DACA Renewal Update (June 18, 2014) [PDF]

Requesting Attorneys’ Fees Under the Equal Access to Justice Act (June 17, 2014) [PDF]

Why United States v. Castleman Does not Hurt your Immigration Case and May Help It (April 7, 2014) [PDF]

Matter of Abdelghany: Implications for LPRs Seeking § 212(c) Relief (March 18, 2014) [PDF]

Sample Motion to Reconsider [DOC]

Seeking a Judicial Stay of Removal in the Court of Appeals (Jan. 21, 2014) [PDF]

Sample Stay Motion [DOC]

Sample Stay Declaration [DOC]

Guidelines for Stay Support Letters

Declaration of Nancy Morawetz and Exhibits in Support (June 19, 2014) [PDF]

Declaration in Support of Motions for Stays of Removal (April 13, 2016) [PDF]

Appendix to Declaration in Support of Motions for Stays of Removal (April 13, 2016) [PDF]

Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues (November 20, 2013) [PDF]

10 Tips for Writing Better Immigration Briefs (October 30, 2013) [PDF]

Descamps v. United States and the Modified Categorical Approach (July 17, 2013) [PDF]

The Bail Reform Act and Release from Criminal and Immigration Custody for Federal Criminal Defendants (June 14, 2013) [PDF]

Understanding and Mitigating the Effect of Suspended Sentences (June 5, 2013) [PDF]

Moncrieffe v. Holder: Implications for Drug Charges and Other Issues Involving the Categorical Approach (May 2, 2013) [PDF]

Matter of Davey and the Categorical Approach (January 15, 2013) [PDF]

Reinstatement of Removal (April 29, 2013) [PDF]

Reinstatement FOIA Results – USCIS (posted Sept. 22, 2014) [PDF]

Deferred Action for Childhood Arrivals (updated April 22, 2013) [PDF]

Chaidez Practice Advisory (March 1, 2013) [PDF]

Federal Tort Claims Act: Frequently Asked Questions for Immigration Attorneys (January 24, 2013) [PDF]

Return to the United States After Prevailing on a Petition for Review of Motion to Reopen or Reconsider (December 21, 2012) [PDF]

Early Release Programs for Nonviolent Offenders Pursuant to 8 U.S.C. § 1231(a)(4)(B) (November 16, 2012) [PDF]

Immigration Litigation and the Chenery Doctrine (October 5, 2012) [PDF]

Crimes of Violence (May 25, 2012) [PDF]

Vartelas v. Holder, Implications for LPR's Who Take Brief Trips Abroad and Other Potential Favorable Impacts (April 5, 2012) [PDF]

Implications of Lafler v. Cooper on Retroactive Application of Padilla v. Kentucky (April 4, 2012) [PDF]

Judulang v. Holder, Implications for LPR's Seeking 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies (December 16, 2011) [PDF]

Understanding Immigration Detainers: An Overview for State Defense Counsel (March 2011) [PDF]

Retroactive Applicability of Padilla v. Kentucky (revised March 17, 2011) [PDF]

The ABC Class Action Lawsuit, 20 YearsLater (January 31, 2011) [PDF]

Practice Tip: Fair Sentencing Act Alters Immigration Treatment of Crack Cocaine Convictions (September 17, 2010) [PDF]

Sample Carachuri-Rosendo Motions (June 21, 2010) [PDF]

Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation (May 13, 2010 [PDF]

Living under Silva-Trevino: Challenge to the New Moral Turpitude Definition (2010) [PDF]

Immigration Court Jurisdiction over Bond Hearings Where DHS Transfers Respondent after the Hearing Request is Filed (December 8, 2009) [PDF]

The Impact of Nijhawan v. Holder on Application of the Categorical Approach (June 24, 2009) [PDF]

The Burden of Proof to Overcome the Aggravated Felony Bar to Cancellation of Removal (March 22, 2007) [PDF]

Selected Practice Pointers on Criminal Convictions Related to Juveniles [DOC]

Grounds of Deportability and Inadmissibility Related to Crimes (October 2012) [PDF]

The Right to Resist Questioning During an Investigative Stop after Hiibel v. Nevada (2004) [DOC]

Special Call-In Registration Questions and Answers: What Happens if my Client Registers Late? Leila Laoudji (March 14, 2003) [PDF]

Political Rights of International Students - Travel Advisory (2003) [PDF]

Contact

National Immigration Project
of the National Lawyers Guild
89 South St., Suite 603
Boston, MA 02111

Telephone: (617) 227-9727
Fax: (617) 227-5495

www.nipnlg.org
Staff Directory: staff.html

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