Resources
Publication Date
06/09/2026
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.
Resources
Publication Date
06/04/2026
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.
Resources
Publication Date
06/02/2026
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.
Resources
Publication Date
06/02/2026
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.
Resources
Publication Date
06/01/2026
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.
Resources
Publication Date
06/01/2026
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.
Resources
Publication Date
05/29/2026
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 challenging. The challenges are exacerbated due to visa backlogs and USCIS adjudication delays for these forms of relief. This advisory provides an overview of affirmative relief for immigrant survivors, summarize recent BIA cases on point, and offer practice tips for protecting against removal.
Resources
Publication Date
05/28/2026
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.
Resources
Publication Date
04/28/2026
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 for the client to consider before deciding to leave the United States. It also includes a checklist of helpful questions and information to review with the client before they depart.
Resources
Publication Date
04/27/2026
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.
Resources
Publication Date
04/20/2026
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.
Resources
Publication Date
04/13/2026
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).
Resources
Publication Date
04/02/2026
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.
Resources
Publication Date
03/27/2026
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.
Resources
Publication Date
03/17/2026
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.
Resources
Publication Date
02/10/2026
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).
Resources
Publication Date
01/12/2026
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.
Resources
Publication Date
12/23/2025
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.
Resources
Publication Date
12/19/2025
This practice advisory will highlight some trends, policy changes, and what could happen with the future of DACA.
Resources
Publication Date
12/19/2025
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.
Resources
Publication Date
12/16/2025
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.
Resources
Publication Date
11/21/2025
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.
Resources
Publication Date
10/02/2025
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.
Resources
Publication Date
09/16/2025
This practice alert provides an overview of updated USCIS policy on the Child Status Protection Act (CSPA), which affects noncitizens hoping to immigrate through adjustment of status as the “child” of a lawful permanent resident or other derivative “child” beneficiary and who might rely upon CSPA to remain classified as a “child” even if their biological age is 21 or older. On August 8, 2025, USCIS announced that it was reversing a 2023 policy relating to the CSPA. This alert describes the 2023 guidance, current guidance, and CSPA provisions impacted by this change.
Resources
Publication Date
08/14/2025
For many noncitizens, naturalization is the best defense against deportation from the United States. Indeed, USCIS lacks the authority to detain or deport a U.S. citizen. However, applying for naturalization can be risky for some individuals because it can instigate immigration enforcement. This concern has increased following President Trump’s February 28, 2025 NTA Memo. The ILRC, NIPNLG, CLINIC, and the Ready to Stay collaborative wrote a practice advisory summarizing the most common reasons why USCIS may deny an N-400, providing guidance for ways to screen and avoid an N-400 denial and removal proceedings, and discussing immigration relief options in immigration court.
Resources
Publication Date
08/07/2025
This practice advisory provides background on the disability waiver of the English and civics requirement for naturalization and describes the June 2025 revisions to the USCIS Policy Manual (PM) on the submission and review of disability waivers. The revised guidance in the PM applies to applications filed on or after the publication date of June 13, 2025. Overall, the PM revisions signal a change in tone that assumes fraud in the disability waiver process is frequent and encourages increased scrutiny by USCIS adjudicators.
Resources
Publication Date
07/01/2025
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.
Resources
Publication Date
06/25/2025
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 chances of success. Finally, it briefly discusses the option of filing an appeal if the immigration court or the BIA denies the motion to reopen.
Resources
Publication Date
06/03/2025
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.
Resources
Publication Date
05/20/2025
Step by step explanation for criminal defense counsel of how to identify ICE detainers that may be issued in violation of the Gonzalez v. ICE class action. This class action settlement applies nation-wide to limit ICE’s issuance of detainers. This advisory walks through the basics of the case and how to monitor and respond to any violations of the settlement.