US v. Lopez: Ninth Circuit Holds Cal. Pen. Code § 273.5 not a Crime of Violence
On July 28, 2026, the Ninth Circuit ruled that Cal. Pen. Code § 273.5 is not a crime of violence. This practice advisory discusses the reasoning of the decision and provides advice on next steps for removal defense practitioners and criminal defenders representing noncitizens.
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.
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.
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.
Denaturalization and Revocation of Naturalization
The Department of Homeland Security and the Department of Justice are ramping up efforts to investigate U.S. citizens and pursue denaturalization cases. This could result in more denaturalization cases and loss of U.S. citizenship for naturalized citizens. Further, these efforts will have a chilling effect on the number of lawful permanent residents applying for U.S. citizenship. This Practice Advisory reviews the present state of denaturalization and revocation of citizenship. It thoroughly reviews the statutes and caselaw to date in denaturalization and revocation of citizenship
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.
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.
How To Defend Immigrants Charged With Drug Offenses in California Courts
Detailed defense strategies and options for noncitizens charged with drug offenses in California, with a brief summary of the immigration consequences of controlled substance convictions. Also includes an Appendix for pro se respondents to use for drug overbreadth arguments.
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.
USCIS Adjustment of Status Memo: ILRC Quick Take and Tips for Legal Practitioners
This practice alert is intended to help advocates and practitioners grapple with the latest policy memo on discretion and adjustment of status dated May 21, 2026.
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.
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.
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
USCIS Proposes Adding Public Benefits Questions to Change of Address Form
This explainer provides information and context for the Department of Homeland Security’s proposed rule seeking to change Form AR-11, Change of Address. DHS proposes to add questions seeking information about a person’s employment or current schooling and whether they have received any means-tested benefit. The proposed form change is over-broad and will result in confusion for applicants who are required to update the government about their address changes. This rule is proposed and is NOT in effect yet.
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
What is Happening with Deferred Action for Special Immigrant Juveniles (SIJs)
On April 10, 2026, USCIS issued a new memo again terminating the SIJS deferred action (DA) policy (“April 10th Memo”). Under the April 10th Memo, USCIS will no longer automatically consider granting DA to young people granted SIJS. This termination memo does not, however, go into effect until May 10, 2026, and only applies to SIJS petitions filed on or after that date. This practice alert discusses what the April 10th Memo means for SIJS petitions and SIJS DA renewals filed prior to and on or after May 10, 2026, including helpful charts.
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.
Arguments for Using the SIJS-based Adjustment Provision to Adjust Based on a Different Petition
This practice alert, created in partnership with the End SIJS Backlog Coalition, explores 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 to adjust using some other non-SIJS immigrant petition (for example, a spousal petition).
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.
VAWA: Recent Significant Updates and Practice Tips
This practice alert will highlight some of the updates and changes implemented with the December 2025 policy manual update. It is important to note that these changes went into effect immediately, on December 22, 2025, and apply to all pending and future cases.
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).
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.
FOIA Alert on Processing Changes – December 2025
In recent months, practitioners have been reporting troubling new patterns in FOIA processing of A-file requests. Some people report unusually high rejection rates on Freedom of Information Act (FOIA) requests for reasons related to address requirements. Rejections due to “no record” also have been reported even where the requester is sure that there is a record because they have a partial paper trail of contacts with USCIS. Frequent over redaction of FOIA responses also has been reported. This alert discusses the address issue and suggests how to respond.
Deferred Action for Childhood Arrivals: What Practitioners Need to Know
This practice advisory will highlight some trends, policy changes, and what could happen with the future of DACA.
Understanding Mandatory Detention
This advisory explains each of the three statutory grounds for mandatory detention, and defenses and strategies that advocates can use to challenge the designation. It discusses the Laken Riley Act of 2025, the BIA’s decisions in Matter of Q. Li and Matter of Yajure Hurtado, and the current state of national litigation challenging ICE’s expansive use of mandatory detention.
Pros and Cons of Applying for a U Visa
Under the current administration there has been much discussion about whether filing a U nonimmigrant status (“U visa”) petition is risky considering the long processing times, the lack of protection given to applicants while they wait for relief, and the increased enforcement climate. This advisory will lay out some of the main “pros” and “cons” to applying for U nonimmigrant status as they exist now, to help practitioners explain to prospective applicants how to weigh benefits and risks and make an informed decision on how to proceed with their case.
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.