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
FAQ: USCIS Memo on Adjustment of Status
In this community explainer we will discuss some questions that have been raised since the publication of the memo as well as practical considerations for family-based applicants for adjustment of status.
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.
What Every Noncitizen Must Know About Cannabis and Immigration
Despite new state laws legalizing cannabis for recreational use, archaic U.S. drug laws still classify marijuana as federally illegal. Because immigration is governed by federal law, this means that noncitizens may face serious problems down the line if they are not aware of how their experiences with cannabis could impact their immigration journey. This video and accompanying infographic detail the specific risks associated with the use or possession of cannabis and/or industry employment.
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
Infographic about California Post-Conviction Relief Vehicles
This one-page infographic summarizes the various California post-conviction relief vehicles, their requirements, and their immigration benefits.
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.
ILRC Comment Opposing the Proposed Rule Limiting Work Authorization for Asylum Seekers
On April 23, 2026, the Immigrant Legal Resource Center (ILRC) submitted a comment opposing a proposed rule that would significantly limit work authorization for asylum seekers. The ILRC comments that the rule would drastically restrict access to work permits and make it nearly impossible for many asylum seekers to survive while their cases are pending. It highlights that the proposal would lengthen wait times, add new eligibility barriers, and allow broad discretionary denials, effectively undermining the asylum system and deterring legitimate applicants. The ILRC contends the rule would cause
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.
Table of California PCR Cases
This case table of California post-conviction relief decisions is designed to help practitioners quickly find the cases they need.
A Brief Guide to Observing and Recording ICE Arrests: Tips learned from Rapid Response Teams Across the Country
Shortly after the Trump administration took office in 2025, the government began its directives to ramp up immigration raids and public operations across the country. These large-scale campaigns of mass deportation further exploded after the so-called “One Big Beautiful Bill Act”, or H.R. 1, ballooned the DHS budget to an astronomical $170,700,000,000 of taxpayer dollars over the next four years; creating a new annual ICE budget that is larger than the entire defense budgets of Italy, the Netherlands, Brazil, and Switzerland.
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).
ILRC Advocacy Letter to US Department of Justice, re: Recognition and Accreditation Program
The U.S. Department of Justice transferred out all permanent staff from the Recognition and Accreditation program in March 2026, rendering the future of the program uncertain. ILRC wrote to DOJ demanding reinstatement of staff and a return to reasonable processing times for applications.
Comment Opposing Proposed Changes to the Board of Immigration Appeals
On April 8, 2026, the ILRC submitted a comment in response to a proposed federal immigration rule that would sharply limit appeals to the Board of Immigration Appeals, arguing that it would weaken due process protections for people facing removal.
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 Crimes Summaries
This page offers resources on “crim/imm,” the law governing the intersection of immigration and crimes, especially as it applies to California law.
Step-by-Step Family Preparedness Plan / Plan de Preparación Familiar
Every family should have a family preparedness plan in case of an emergency. It is equally critical for immigrant families to think ahead and set more concrete plans for immigration-related emergencies that may arise.
To assist in this, we've created this toolkit that goes into detail about different childcare options available in case of an absent parent, how to find trusted immigration services in your community, and how to prepare to assert your constitutional rights in the presence of an immigration officer.
Acquisition & Derivation Quick Reference Charts
These three charts, updated in 2025, outline the different requirements for acquiring and deriving citizenship. Because the law governing acquisition and derivation has changed many times and is generally not retroactive, these charts detail what the eligibility requirements are depending on the time period in question. Each chart has extensive footnotes that provide explanations about the legal requirements, possible arguments where there is any ambiguity, and cites to further resources.
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.
ILRC Comment to DHS on FOIA Final Rule
ILRC submitted this comment to DHS opposing recent changes to FOIA rules effective January 22, 2026 that restrict public access. DHS published a final rule in violation of the Administrative Procedures Act by unlawfully bypassing public notice and comment. The rule eliminates paper filing of FOIA requests and allows DHS in its discretion to administratively close requests that it deems to insufficiently describe the records sought.
Know Your Rights FAQ
This guide offers practical answers to common questions, so community members can feel more prepared and confident when facing interactions with federal immigration enforcement officials. The guide also highlights specific details concerning Texas and Californian residents.
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.