DHS continues to move to pretermit asylum applications in court, arguing either that the asylum seeker did not sufficiently answer every substantive question on the application form or that the application does not state a prima facie claim for...
A stay of removal prevents the Department of Homeland Security from executing a final order of removal against a person. DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals all have the authority to grant stays...
There is a largely un-tested legal argument that young people with approved SIJS petitions can use the SIJS-specific adjustment provisions at INA § 245(h) to satisfy the “inspected and admitted or paroled” requirement that applies to many other forms...
Immigration judges continue to pretermit asylum applications and deny asylum seekers a day in court, based on alleged deficiencies in the I-589 and/or based on the alleged failure to state a prima facie case for relief. This template is designed to...
The Federal Tort Claims Act (FTCA) waives the United States’ sovereign immunity and authorizes suits for money damages based on the negligent acts or omissions of federal employees, and, in some instances, intentional misconduct of such employees...
Immigration Judges have increasingly begun to pretermit asylum applications--often ordering asylum seekers removed without ever having a chance to have a hearing on their claims. This Practice Advisory (PA) discusses a recent Policy Memo by the...
This resource is designed to help immigration practitioners familiar with the categorical approach stay current on significant case law developments over the past year at the intersection of immigration and criminal law.
The March 2026 Visa Bulletin reflects significant forward movement in the EB-4 category, with a Final Action Date of July 15, 2021, and a Filing Date of January 1, 2023. This movement means that on March 1, 2026, many youth with Special Immigrant...
On February 6, 2026, the Fifth Circuit issued Buenrostro-Mendez v. Bondi, No. 25-cv-20496, 2026 WL 323330 (5th Cir. Feb. 6, 2026), a split decision with a strong dissent in which the Fifth Circuit sided with DHS and the BIA to determine that all...