This practice alert builds upon our previous practice advisory, “Advocating for Clients under the Biden Administration’s Interim Enforcement Priorities,” and provides key information, takeaways, and practice tips for advocating with OPLA.
This practice advisory explains how Borden v. United States affects the definition of a ‘crime of violence’ for immigration law purposes. Borden effectively held that the definition of a “crime of violence” under 18 U.S.C. § 16(a), relevant to both...
This issue brief discusses qualified immunity in immigration.
This advisory first reviews the case history and the precedent governing the legal situation Mr. Palomar-Santiago was in when he was charged with illegal re-entry. It then addresses both Mr. Palomar-Santiago’s and the government’s arguments before...
Practice Advisory for Immigration Advocates: The Biden Administration's Final Enforcement Priorities
This practice advisory provides an overview of the final priorities. The Memo also suggests ways for practitioners to utilize the Mayorkas Memo and its lack of bright-line rules to craft persuasive arguments to protect their clients from harmful...
In Matter of Laparra, 28 I&N Dec. 425 (BIA 2022), the Board of Immigration Appeals (BIA)
rejected notice-based arguments for rescinding and reopening an in absentia order when the government serves the respondent with a Notice to Appear (NTA) lacking...
This practice alert describes how some members of another certified class – of certain asylum seekers with prior “unaccompanied alien child” determinations, certified in J.O.P. v. DHS, 338 F.R.D. 33 (D. Md. Dec. 21, 2020) – may also be Mendez Rojas...
On Friday, June 10, 2022, Judge Andrew Tipton of the U.S. District Court for the Southern District of Texas issued final judgment in Texas v. United States, No. 6:21-cv-0016, a lawsuit brought by Texas and Louisiana to challenge the Biden...
This practice advisory discusses motion to reopen strategies for noncitizens who have successfully obtained qualifying post-conviction relief. Section II distinguishes among motions to reopen, motions to remand, motions to reconsider, and motions to...
This FAQ will explain the status of prosecutorial discretion and what it might mean for immigrants ahead of the Supreme Court’s June 2023 decision on the matter.