Removal Defense

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.

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 submitting a written request. USCIS, however, fails to explain the consequences of withdrawing an application or petition. In this community alert, we will address some frequently asked questions.

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.

This advisory seeks to clarify which provisions of the new BIA Procedural rules are currently in effect, and which are not.

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.

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.

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.

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.

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.

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.