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...
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...
This resource, intended for attorneys representing SIJS beneficiaries who are 18 years of age or older, is meant as a “quick guide” to help identify potential habeas arguments and strategies for securing SIJS clients’ release from immigration...
On June 6, 2025 U.S. Citizenship and Immigration Services (USCIS) announced its indefensible decision to terminate the deferred action policy for youth with Special Immigrant Juvenile Status (SIJS), through which around 200,000 SIJS youth awaiting a...
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...
The Trump administration’s January 2025 expansion of expedited removal to people residing in the interior of the United States has raised concerns about whether the government could try to apply this summary removal process to young people who...