Practice Advisory

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10/10/2016
This short advisory explains how ICE has implemented the PEP program announced in November 2014 and analyzes the three new detainer forms that ICE has created.
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03/12/2015
Special Immigrant Juvenile Status (SIJS) cases, involving a claim of abuse, abandonment or neglect against one parent while the child resides with the non-offending parent, are commonly referred to as one-parent cases. These cases, though permissible under the plain language of the statute as well as federal agency interpretation, have proved challenging particularly at the state court phase of...
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05/29/2013
The National Immigrant Project (NIP) and the Immigrant Legal Resource Center (ILRC) announce Practice Advisory regarding the December 2012 ICE Detainer Guidance & Form: In December 2012, Immigration and Customs Enforcement (ICE) announced new ICE detainer guidance and issued a new detainer form which it claimed would result in the issuance of fewer detainers. The attached Practice Advisory...
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05/29/2013
In Moncrieffe v. Holder , the U.S. Supreme Court reaffirmed that the full categorical approach applies in immigration proceedings. A result is that where the criminal statute defines the offense more broadly than the immigration definition at issue, the conviction will not trigger the immigration penalty. For further information, see www.nipnlg.org/legalresources/practice_advisories/...
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03/12/2013
In Chaidez v. United State s, 568 U.S. _____, ____S.Ct.____, 2013 WL 610201, (February 20, 2013) the U.S. Supreme Court held that Padilla v. Kentucky , 559 U.S. 356 (2010) was a “new rule” that did not apply retroactively to convictions final before March 31, 2010. In Padilla , the Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen about the...

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