Guide to Filing Your First Habeas Corpus Petition: Central District of California
This step-by-step guide will walk you through the steps for filing your first petition for habeas corpus (immigration) in the Central District of California.
Ninth Circuit Rules on Due Diligence Standard for Equitable Tolling For Motions to Reopen
This analysis could be particularly helpful for clients from countries that previously did not accept individuals deported from the U.S., such as Laos, Cambodia, and Vietnam, as well as those from former Soviet countries.
Supreme Court Holds LPRs with Pending Criminal Charges May Be Deemed Applicants for Admission When Re-Entering the United States: Blanche v. Lau
This advisory summarizes the majority and dissent’s opinions, and shares key takeaways and practice tips for criminal defenders and immigration practitioners in light of the decision.
Immigration Consequences of Prop 36 and Other New California Offenses Part Two: Property Crime Offenses
This advisory is part II of a two-part advisory on the federal immigration consequences of California Proposition 36 enacted in December 2024. Part I on Prop 36 and controlled substance offenses is found here.
What You Should Know if You Were a Client of Former Immigration Attorney Alexandra Lozano
On Friday, May 26, 2026, the United States Citizenship and Immigration Services (USCIS) office released a notice for clients of former immigration attorney Alexandra Lozano. USCIS urges applicants represented by former attorney Alexandra Lozano, who marketed herself as “la milagrosa” (miracle worker), to update their mailing address and informs them that they can withdraw their application or petition by submittiOn Friday, May 26, 2026, the United States Citizenship and Immigration Services (USCIS) office released a notice for clients of former immigration attorney Alexandra Lozano. USCIS
New BIA Procedural Rules: What's in Effect and What's Not
This advisory seeks to clarify which provisions of the new BIA Procedural rules are currently in effect, and which are not.
Guide to Filing Your First Habeas Corpus Petition: Northern District of California
This step-by-step guide will walk you through the steps for filing your first petition for habeas corpus (immigration) in the Northern District of California.
Quick Guide: Defending SIJS Clients in Removal Proceedings
This practice advisory, authored with our partners at the End SIJS Backlog Coalition, Children's Immigration Law Academy, Make the Road New York, National Immigration Project, Rocky Mountain Immigrant Advocacy Network, and Safe Passage Project, offers strategies at every stage of an SIJS client’s removal proceedings to advocate against the client’s removal and to preserve the record for appeal.
New Federal Post-Conviction Relief for Survivors of Human Trafficking and Potential Benefits for Noncitizen Defendants
The Trafficking Survivors Relief Act (TSRA) was passed on January 23, 2026, and provides new federal post-conviction relief options for those convicted of certain federal offenses that were committed as a direct result of having been a victim of human trafficking. This practice alert discusses the new law and potential benefits for noncitizen defendants.
HR1 Fees at USCIS and EOIR
This practice advisory provides information about recently implemented fee increases at USCIS and EOIR. These fee increases are a result of the “One Big Beautiful Bill Act” also known as HR1. This advisory explores what we know and what we still don’t know about the fees, how to pay them, and potential future changes.
Navigating Removal Proceedings While Pursuing Survivor-Based Forms of Relief at USCIS
USCIS has exclusive jurisdiction to adjudicate certain applications for immigration relief that protect survivors of crime and other forms of abuse. Many people who are in active removal proceedings are eligible for one or more of these forms of relief. In the past, it was often possible to postpone or terminate removal proceedings to pursue such relief at USCIS. However, current policies at the Executive Office for Immigration Review (EOIR) and increasingly negative caselaw from the Board of Immigration Appeals (BIA) have made navigating removal proceedings for these applicants extremely
ILRC Comment Opposing Form EOIR-33 Proposed Changes
On May 4, 2026, The Immigrant Legal Resource Center (ILRC) submitted a formal comment opposing proposed changes to the EOIR-33 change-of-address form, arguing that the revisions are procedurally improper and substantively harmful.
Best Practices for Advising Noncitizens Who Want to Leave the United States
In the current landscape of increased immigration enforcement, many noncitizens are considering the option of leaving the United States in order to return to their home country or to seek opportunities in a different country. In the current landscape of increased immigration enforcement, many noncitizens are considering the option of leaving the United States in order to return to their home country or to seek opportunities in a different country. This practice advisory provides guidance to immigration attorneys and advocates who are asked to provide such advice and walks through common issues
Guide to Filing Your First Habeas Corpus Petition: Eastern District of California
This step-by-step guide will walk you through the steps for filing your first petition for habeas corpus (immigration) in the Eastern District of California.
Challenging EOIR Bond Denials in Federal Court
When an immigration judge denies bond based on a finding that a person is a danger to the community or a flight risk, what options remain to challenge that decision? As immigration detention expands and bond denials become increasingly common, federal court litigation is emerging as a critical tool to obtain judicial review of these determinations.
Civil Penalties and Fines - Part I: How to Appeal a Civil Penalty
This practice advisory is Part I of a two-part advisory on civil fines and civil penalties instituted by DHS against noncitizens. Part I discusses the procedures for instituting a fine and recommendations for contesting and appealing a civil fine instituted by DHS. Part II will discuss statutory and Constitutional arguments and defenses against the issuance of fines.
California Penal Code § 245(a) is not a Crime of Violence
On January 13, 2026, the Ninth Circuit issued an en banc decision holding that a violation of California Penal Code § 245(a)(1) (assault with a deadly weapon) is not a crime of violence. United States v. Gomez, No. 23-435 (9th Cir., Jan. 13, 2026) (en banc).
Critical New Changes to the Immigration Appeals Process
The U.S. Department of Justice has issued a new rule that changes how immigration appeals are handled. The new rule shortens the time you have to appeal—which is how you ask for another court to review an unfavorable decision from an immigration judge.
Attacks on FOIA Continue
On December 22, 2025, DHS published a final rule impacting processing of FOIA requests by all DHS components. The rule is effective January 22, 2026. Despite the major changes made by the rule, no period of public comment was provided. The rule eliminates paper filing of FOIA requests with DHS as of January 22, 2026. FOIAs to DHS must be filed online after that date. The rule also states that DHS can, in its discretion, administratively close or make “requests for clarification” where it deems the request to be an inadequate description of the records sought.
Expedited Removal and Unaccompanied Children: An FAQ
This resource – created with our partners at the Children’s Immigration Law Academy and National Immigration Project – answers common questions about expedited removal and its application to children and offers arguments against its application to young people who were processed as UCs and young people with approved special immigrant juvenile status (SIJS), should the government attempt to apply it to those groups.
Screening for Immigration Relief: Client Intake Form and Notes
This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options and assessing red flags. Accompanying the intake form are notes to assist practitioners in spotting issues and relief options as well as a summary of common forms of relief. This sample client intake form is generic, to screen for general relief since the goal at the screening stage is not to make a final determination of eligibility but to assess pathways for relief.
Naturalization Alert: Memos on Good Moral Character (GMC) and Neighborhood Visits
This practice alert covers recent U.S. Citizenship and Immigration Services (USCIS) policy statements announced in August 2025 that could affect naturalization applicants.
Responding to DHS Motions to Recalendar
In recent months, the Department of Homeland Security has begun filing thousands of motions to recalendar administratively closed proceedings. This trend is raising questions about how attorneys and accredited representatives can respond to these motions and protect their clients’ interests, particularly in cases that have been administratively closed for many years. This advisory explores those questions and offers strategy considerations when determining how to proceed in each case.
Reopening Removal Proceedings Based on the Ineffective Assistance of Prior Counsel
This practice advisory focuses on motions to reopen based on ineffective assistance of prior counsel. It reviews the basic requirements of motions to reopen and then dives into the specific procedural and substantive requirements of motions to reopen based on the ineffective assistance of prior counsel. It discusses the time and numerical limitations on motions to reopen and how to use the doctrine of equitable tolling to overcome these limitations. It also covers what documents should accompany a motion to reopen based on ineffective assistance of counsel so that the motion has the best
Immigration Consequences of Prop 36 and Other New California Offenses: Part One, Controlled Substance Offenses
This advisory discusses the immigration consequences of a conviction for a controlled substance offense under California Prop 36, specifically Cal. H&S Code § 11395. This advisory explains the immigration consequences of a criminal plea to a Prop 36 controlled substance offense. It outlines criminal defense strategies for defenders to avoid these pleas and outlines removal defense strategies for immigration practitioners where the plea cannot be avoided.
Discussing Registration with Clients
On April 11, 2025, the new Form G-325R took effect as a general tool to register all previously unregistered noncitizens under an antiquated and rarely invoked provision of the Immigration & Nationality Act, with criminal penalties for willful failure to register. This advisory was written to assist attorneys in discussing registration and the new Form G-325R with clients, including screening for prior registration and assessing the potential consequences of registering or not registering, so that individuals can make informed decisions about how to proceed in light of this new rule.
Who Has Initial Jurisdiction Over UC Asylum Claims? Matter of M-A-C-O- and JOP v. DHS
The Trafficking Victims Protection Reauthorization Act of 2008 confers initial jurisdiction over asylum claims filed by unaccompanied children (UCs) to the asylum office. The Board of Immigration Appeals’ decision in Matter of M-A-C-O-, along with policy changes implemented during the first Trump administration, sought to strip away this crucial protection from many child asylum seekers. Because of these changes and legal challenges by immigrant youth advocates, the current landscape of initial UC asylum jurisdiction has changed. This practice advisory provides an overview of the current state
Seeking Administrative Closure and Termination: Using New EOIR Regulations in a Hostile Enforcement Environment
New EOIR regulations published in 2024 now allow immigration judges and the BIA to administratively close or terminate removal proceedings in a variety of scenarios. These regulations permit—and sometimes require—administrative closure or termination even where the Department of Homeland Security does not agree. In the current hostile enforcement environment, and in light of the rescission of formal guidance regarding prosecutorial discretion, these regulations are an important tool for advocates seeking to get clients out of removal proceedings.
Immigration Relief Toolkit for Criminal Defenders
Many noncitizen defendants are already deportable (“removable”). This includes all undocumented people, as well as lawful permanent residents (green card-holders) who have become deportable because of a conviction. If immigration authorities find these people – which is likely to happen – they will be deported unless they are granted some kind of immigration relief. For these defendants, staying eligible to apply for immigration relief is their most important immigration goal, and may be their highest priority in the criminal defense.