Practice Alert: DOJ's Office of Immigration Litigation Publishes Petition for Review Remand Criteria
On July 15, 2022, the Department of Justice’s Office of Immigration Litigation (OIL) published its criteria for agreeing to remand petitions for review (PFR) filed by individuals in U.S. courts of appeals to challenge final removal orders issued by...
This practice alert explains the holding of the now-vacated decision on the merits from a panel of the Fifth Circuit in Sosnava Rodriguez v. Ortega, No. 26-50183, and collects caselaw in which district judges have granted habeas relief despite the...
Since 2025, immigration judges have been pretermitting asylum applications--often ordering asylum seekers removed without ever having a chance to have a hearing on their claims. This updated practice advisory addresses Board of Immigration Appeals...
The end of Temporary Protected Status (TPS) means that people who the Department of Homeland Security previously determined warranted protection from removal and work authorization now face the possibility of detention and removal. This practice...
Motions to reopen are extremely important for people with final removal orders. Final orders of removal render people vulnerable to detention and immediate removal from the United States. However, a successful motion to reopen places the person back...
For many detained noncitizens, the ability to marry is significant not only because it implicates a fundamental personal and legal right, but also because a valid marriage may establish eligibility for certain forms of immigration relief or benefits...
Historically, the U.S. government has rarely pursued denaturalization. However, the Trump administration claims to be increasing its capacity and resources to pursue an unprecedented number of denaturalization cases in its second term, an approach...
This practice advisory provides strategies for practitioners to navigate removal proceedings for J.O.P. class members and other asylum seekers with prior unaccompanied child determinations in light of three recent legal developments: (1) the 2024 J.O...
On June 3, 2026, a federal district court in California entered a final judgment in the East Bay Sanctuary Covenant v. Trump, vacated the Circumvention of Lawful Pathway (“CLP”) rule, codified at 8 C.F.R. § 1208.33 et seq. The vacatur means that the...