This practice advisory discusses strategies for obtaining immigration relief as part of a settlement agreement with the government to resolve a lawsuit for damages brought under the Federal Tort Claims Act (FTCA) based on torts committed by agents of...
This practice advisory discusses the origins of realistic probability in immigration law, national case law on realistic probability, and litigation issues currently before the immigration agencies and federal courts.
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...