Removal & Immigration Court

    Resources for Cases in Removal

    EOIR Practice Manual (Version released 09/26/2019)

    In 2006, the Attorney General instructed the Director of the Executive Office for Immigration Review, in consultation with the Immigration Judges, to issue a  practice manual for the parties who appear before the Immigration Courts. This directive arose out of the public's desire for greater uniformity in Immigration Court procedures  and a call for the Immigration Courts to implement their "best practices" nationwide.

    BIA Practice Manual (Last revised 09/23/2019)

    This Practice Manual has been assembled as a public service to parties before the Board of Immigration Appeals.

    This manual is strictly informational in nature. This manual is not intended, in any way, to substitute for a careful study of the pertinent laws and regulations. Readers are advised to review Chapter 1.1 before consulting any information contained herein.

    The Practice Manual is updated periodically. To assist readers, tables showing the update history of the Practice Manual are available in the section titled Table of Changes.

    USCIS Adjudicator Field Manual, 2013 Ed.

    Link to USCIS webpage which includes the Adjudicator's Field Manual.

    Evidentiary Protections and Confidentiality

    ICE Memorandum on VAWA Privacy Provisions (January 22, 2007)

    This ICE memo provides interim guidance concerning the expanded confidentiality protections of the VAWA 2005 and the legislation's requirements that ICE issue a certificate of compliance in certain circumstances.

    Legislation/Memos on Cases in Removal

    USCIS Policy Memorandum: Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (June 28, 2018)

    This policy memorandum (PM) applies to and will be used to guide referrals and the issuance of NTAs by all USCIS employees, unless otherwise specifically provided in this PM or other USCIS policy or guidance documents.  This PM supersedes Policy Memorandum 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens, dated November 7, 2011.

    Click here to access the NTA Practice Update, June 2019:Issuance of Notices to Appear (NTAs) in Denied Humanitarian-based Immigration Cases.

    Annotated Notes and Practice Pointers: USCIS Teleconference on Notice to Appear (NTA) Updated Policy Guidance (December 5, 2018)

    These annotated notes have been compiled by ASISTA, AILA and ILRC, commenting on the information shared by USCIS during the November 15, 2018 national stakeholder teleconference. We added practice pointers and clarification to USCIS responses.

    ICE Memorandum: Guidance Regarding U Nonimmigrant Status (U visas) Applicants in Removal Proceedings or with Final Order of Deportation or Removal (September 25, 2009)

    This memo provides field guidance to ensure compliance with the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) regarding aliens with pending U visa petitions who are either (1) subject to a final administrative order of deportation or removal and request a stay of removal or (2) in removal proceedings. 

    USCIS Fact Sheet on Request for Further Evidence (RFE) (April 12, 2007)

    This memo explains the options of USCIS to set a 12-week response time or a shorter (ex. 30 day response time) for Request for Further Evidence and Notices of Intent to Deny.

    ICE Memorandum on Prosecutorial Discretion (October 24, 2005)

    This memo lists out instances in which CBP, CIS, and ICE should not issue Notices to Appear, as well as other options after filing the Notices to Appear.

    DOJ & INS Memorandum on Motions to Reopen for Consideration of Adjustment of Status (May 17, 2001)

    If an adjustment of status was not available to the respondent at the former hearing, the alien is statutorily eligible for adjustment of status, and the respondent merits a favorable exercise of discretion. 

    Memorandum on Motions to Reopen Policy (December 23, 1997)

    This memo offers information on EOIR regulations for motions to reopen.

    AAO/ U Visa Cases

    AAO Decision Us Can Overcome Reinstatement (January 12, 2017)

    Many thanks to Rekha Sharma-Crawford for pursuing this case to AAO, vindicating our long-posited argument that a 212(a)(9)(C) waiver eliminates the underlying predicate for 241(a)(5).

    Cases to Reopen

    Kucana v. Holder, 130 S. Ct. 827 (January 20, 2010)

    The Court unanimously held that a statutory provision stripping courts of jurisdiction to review immigration decisions that Congress has declared "to be in the discretion of the Attorney General".

    BIA Authority

    BIA Overruled Matter of Gutierrez 21 I&N Dec. 479 (BIA 1996) and Notes on Matter of Avetisyan

    In February of 212, The Board of Immigration Appeals (BIA) overruled Matter of Gutierrez 21 I&N Dec. 479 (BIA 1996) a person requesting administrative closure may succeed without agreement from the government attorney. In Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), the Board identified factors for the adjudicator to determine whether to close a case. 

    Motions to Continue or Administratively Close/U Visa Cases

    ALERT: ASISTA Submits Amicus on Erosion on Continuances and Admin Closure for Survivors of Violence  (February 11, 2020)

    Yesterday, ASISTA, along with our partners, submitted an amicus brief challenging EOIR's erosion of docketing tools like continuances and administrative closures. This errosion results in limiting access to critical immigration relief for survivors of domestic violence, sexual assault, human trafficking and other serious crimes. 

    ASISTA was joined in this brief by American Immigration Lawyers Association (AILA), Asian Pacific Institute on Gender-Based Violence (API-GBV), National Immigrant Justice Center (NIJC), Kentucky Coalition Against Domestic Violence, Ohio Domestic Violence Network, and Tennessee Coalition to End Domestic and Sexual Violence.  We are grateful to our allies for helping protect and advance the rights of survivors.

    Special thanks to Grace Huang, Chuck Roth, Elissa Steglich, Russell Abrutyn, Sabrina Damast and Patrick Taurel for their prompt and sage feedback. Thank you are also to Lily Axelrod of Siskind Susser PC for stepping in to serve as co-counsel for amici organizations. 

    To download the brief in Word version, please click here

    ASISTA Practice Advisory: The Impact of Matter of L-N-Y-, 27 I&N Dec. 755 (BIA 2020) (February 3, 2020)

    ASISTA has developed this Practice Advisory: The Impact of Matter of L-N-Y-, 27 I&N 755 (BIA 2020), which provides a detailed overview of provisions in this precedential decision, discusses its intersection with other BIA decisions on continuances, and provides best practices for requesting continuances for U visa applicants in removal proceedings. We've also summarized our key practice pointers in this Practice FAQ. Click here to download the practice advisory in Word version and here for the FAQ in Word version. 

    Copyright @2020 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.

    Practice Advisories on Cases in Removal

    ASISTA Practice Advisory: The Impact of Matter of Mayen (February 3, 2020)

    ASISTA has developed this Practice Advisory: The Impact of Matter of Mayen, 27 I&N 755 (BIA 2020), which provides a detailed overview of provisions in this precedential decision, discusses its intersection with other BIA decisions on continuances, and provides best practices for requesting continuances for U visa applicants in removal proceedings. We've also summarized our key practice pointers in this Practice FAQ. Click here to download the practice advisory in Word version and here for the FAQ in Word version. 

    Copyright @2020 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.

    Practice Advisory: Tips for Representing U Visa Respondents (July 2019)

    ASISTA and the American Immigration Lawyers Association (AILA) recently published a new in-depth practice advisory that contains updates in policy and survivor-based advocacy strategies for U visa applicants at different stages of removal proceedings. This includes strategies for helping U visa applicants with final or prior orders of removal, those currently in removal proceedings, and options for survivors if they receive unfavorable decisions in immigration court. This advisory will be updated should new or additional policy developments impact its content.

    Practice Advisory: How to File a Petition for Review (Updated August 13, 2009)

    This practice advisory offers a detailed overview of filing petitions, from the length of grace periods to litigation in the Court of Appeals.

    Annotated Notes and Practice Pointers: USCIS Teleconference on Notice to Appear (NTA) Updated Policy Guidance (December 5, 2018)

    These annotated notes have been compiled by ASISTA, AILA and ILRC, commenting on the information shared by USCIS during the November 15, 2018 national stakeholder teleconference. We added practice pointers and clarification to USCIS responses.

    Practice Advisory: Voluntary Departure and the Harsh Consequences of Failing to Depart (July 6, 2009)

    This practice advisory from the AILF's Legal Action Center offers an overview when voluntary departure is given and the costs and benefits of such an order. 

    Practice Advisory: USCIS Adjustment of Status of "Arriving Aliens" with an Unexecuted Final Order of Removal (November 6, 2008)

    This practice advisory by Mary Kenney, is one of the three which discuss interim regulations that give USCIS jurisdiction over the adjustment applications of an "arriving alines" parolee who is in removal proceedings.

    Dada v. Mukasey: Preliminary Analysis and Approaches to Consider  (June 17, 2008)

    This analysis from The Supreme Court's decision in Dada v. Mukasey offers insight into the motion to reopen provisions.

    Practice Advisory: Adjustment of Status of "Arriving Aliens" Under the Interim Regulations: Challenging the BIA's Denial of a Motion to Reopen, Remand, or Continue a Case (April 16, 2007)

    This practice advisory adopted by Mary Kenney, is the third in a series about interim regulations, that give USCIS jurisdiction over the adjustment applications of an "arriving alines" parolee who is in removal proceeding. It discussed how reinstatement of removal under 241(a)(5) applies to people generally, with some information at the end on VAWA. Should read with more recent CIS memos on I-212.s.

    Practice Advisory: Protecting Your Client When Prior Counsel Was Ineffective (April 2002)

    Matter of Lozada, 19 I&N Dec. 637 (BIA 1988) aff'd 857 F.2d 10 (1st Cir. 1988) sets the requirements for filing a motion to reopen a case based on ineffective assistance of counsel. This practice advisory lays out the Lozada requirements and restrictions. 

    AIC Practice Advisory: The Child Status Protection Act (September/November 2009)

    The Child Status Protection Act (CSPA), provides relief to children who "age-out" (turn 21) as a result of delays by USCIS in processing visa petitions and asylum and refugee applications. This practice advisory offers information age calculations and formulas for determining who constitutes a child and at what age. 

    Defending Survivors with Criminal Issues

    General Information on Overcoming Inadmissibility

    Overcoming Inadmissibility for U Visa Applicants

    Article written by Gail Pendleton.

    Criminal Issues

    Authorities Affecting False Testimony Determination (January 2005) 

    This article strives to answer what determines false testimony.

    Public Charge

    Q&A from CIS

    Voluntary Departure Q&A (2009)

    A new voluntary departure rule, which wen into effect in January 2009, addressed various aspect of voluntary departure, which this Q&A attempts to answer and clarify.