Practice Advisories

Listed Chronologically.

• Practice Advisory: Overview of Borden v. United States for Immigration Counsel (June 22, 2021) (by IDP, NIP-NLG, and NILA)
  • Appendix: Sample Statutory Motion to Reconsider and Terminate Removal Proceedings, or, in the Alternative, Sua Sponte Motion to Reconsider and Terminate, in Light of the Supreme Court’s Decision in Borden v. United States
• Practice Advisory: “Realistic Probability” in Immigration Categorical Approach Cases (June 3, 2021) (by IDP and NIP-NLG)
• Practice Alert: Overview of Pereida v. Wilkinson for Immigration and Criminal Defense Counsel (March 9, 2021) (by IDP and NIP-NLG)
• Pangea Legal Services v. DHS Litigation Update and FAQ (December 3, 2020)
• Practice Alert: Matter of Reyes, 28 I&N Dec. 52 (A.G. 2020)
• Practice Advisory: Avoiding the Stop-Time Rule after Barton v. Barr (June 25, 2020) (by IDP, ILRC, and NIP-NLG) 
• Practice Alert: The Impact of Barton v. Barr on Eligibility for Cancellation of Removal (May 5, 2020) (by IDP, ILRC, and NIP-NLG)
• Practice Advisory: Rights and Obligations of Noncitizens During ICE Car Stops (April 29, 2020)
• Practice Advisory: New York Marijuana Decriminalization, Vacatur, and Expungement Legislation (August 28, 2019, by IDP)
• Practice Advisory: The Conviction Finality Requirement in Light of Matter of J.M. Acosta: The Law Circuit-by-Circuit and Practice Strategies Before the Agency and Federal Courts (January 24, 2019, by IDP)
  • Issue-Spotting Finality Arguments in Immigration Practice: Checklist for Immigration Attorneys Representing Clients with Criminal Convictions in Affirmative Applications and Removal Proceedings
• Immigration Enforcement in New York After People ex rel. Wells o.b.o. Francis v. DeMarco
• UPDATED Practice Advisory: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information: How to use Pereira v. Sessions to overcome the “stop-time” rule and, more broadly, to challenge Immigration Court jurisdiction (updated July 16, 2018, by IDP and NIP-NLG)
  • Appendix A: Sample Statutory Motion to Reconsider and Remand for Hearing on Application for Cancellation of Removal in Light of Pereira v. Sessions
  • Appendix B: Sample Statutory Motion to Reconsider and Terminate in Light of Pereira v. Sessions
• IDP Practice Advisory: Making Constitutional Arguments in the Second Circuit to Challenge Prolonged Mandatory Detention after Jennings and Lora
• IDP and NYU Immigrant Rights Clinic and Practice Advisory: Making Statutory Arguments in the Second Circuit on the Meaning of “When…Released” and “Released” in U.S.C. § 1226(c) To Challenge Mandatory Detention After Jennings and Lora
• Practice Advisory: Sessions v. Dimaya: Supreme Court strikes down 18 U.S.C. §16(b) as void for vagueness (April 25, 2018, by IDP and NIP-NLG)
  • Sample Statutory Motion to Reconsider and Terminate Removal Proceedings in Light of Sessions v. Dimaya
• Practice Advisory: Litigating CIMT Theft Removal Charges and Adjudicative Retroactivity in the Second Circuit After Obeya v. Sessions (April 18, 2018, by IDP)
  • Addendum: Exploring Applications of the Anti-Retroactivity Holding of Obeya v. Sessions Beyond the Larceny and Stolen Property Contexts (June 11, 2018, by Immigration Justice Clinic at Cardozo Law School and IDP)
• Practice Guide: Using the Second Circuit’s Unpublished Decision in Garcia v. Sessions, __ F. App’x __, 2018WL497201 (2d Cir. Jan. 22, 2018) to Defend Against Deportation Based on New York Convictions (January 23, 2018, by IDP)
• Practice Advisory: Jae Lee v. U.S.: Establishing Prejudice under Padilla v. Kentucky (July 7, 2017, by IDP and NIP-NLG)

• Practice Advisory and Appendices: Esquivel-Quintana v. Sessions: Supreme Court Limits Reach of Aggravated Felony “Sexual Abuse of a Minor” Ground and Provides Support on Other Crim-Imm Issues (June 8, 2017, by IDP and NIP-NLG)
  • Sample Motion to Reconsider to Terminate Removal Proceedings
• Practice Advisory and Appendices: Administrative Removal under 238(b): Questions and Answers (February 16, 2017, by IDP and NIP-NLG)
  • Sample Response to Notice of Intent to Issue a Final Administrative Order of Removal
  • Sample Petition for Review of Final Administrative Order of Removal
• Practice Alert: In Mathis v. United States, Supreme Court Reaffirms and Bolsters Strict Application of the Categorical Approach (July 1, 2016, by IDP and NIP-NLG)

• Practice Alert: In Voisine v. United States, Supreme Court Creates New Uncertainty Over Whether “INA”-Referenced “Crime of Violence” Definition Excludes Reckless Conduct (July 1, 2016, by IDP and NIP-NLG)

• Practice Alert: Luna-Torres v. Lynch (May 20, 2016, by IDP, NIP-NLG)

• Mellouli v. Lynch: Further Support for a Strict Categorical Approach for Determining Removability under Drug Deportation and Other Conviction-Based Removal Grounds (June 8, 2015, by IDP and NIP-NLG)
  Topics: Drug Offenses; Categorical Approach; Burden of Proof

• New York City New Detainer Law Discretion Law Chart and Practice Advisory (December 14, 2014, by IDP and Immigration Justice Clinic at Cardozo Law School)

• The Realistic Probability Standard: Fighting Government Efforts to Use It to Undermine the Categorical Approach (November 5, 2014, by IDP and NIP-NLG)
  Topics: Categorical Approach; Burden of Proof; Drug Offenses

• Deferred Action for Childhood Arrivals Criminal Bars (with Notes for New York Offenses) (prepared by ILRC and adapted, with permission, by IDP)
  Topics: DACA/DAPA; Executive Action

• Matter of Chairez-Castrejon: BIA Applies Moncrieffe and Descamps to Modify and Clarify Its Views on Proper Application of the Categorical Approach” (July 31, 2014, by IDP and NIP-NLG)
  Topics: Categorical Approach; Burden of Proof

• Why United States v. Castleman Does Not Hurt Your Immigration Case and May Help It (April 7, 2014, by IDP and NIP-NLG)
  Topics: Categorical Approach; Crimes of Violence

• Matter of Abdelghany: Implications for LPRs seeking § 212(c) Relief (March 14, 2014, by IDP and NIP-NLG)
  • Sample Motion to Reconsider for filing with the BIA
    Topics: Retroactivity and 212(c) Relief

• Seeking Post-Conviction Relief Under Padilla v. Kentucky After Chaidez v. U.S. (February 28, 2013, by the Defending Immigrants Partnership)
  Topics: Padilla Post-Conviction Relief

• Descamps v. United States and the Modified Categorical Approach (July 17, 2013, by IDP and NIP-NLG)
  Topics: Categorical Approach

• Moncrieffe v. Holder: Implications for Drug Charges and Other Issues Involving the Categorical Approach (May 2, 2013, by IDP, AIC, and NIP-NLG)
  Topics: Categorical Approach; Burden of Proof; Drug Offenses

• Practice Advisory: Getting Clients with ICE Detainers out of DOC Custody (2013, by IDP)

• New York City’s 2013 Immigration Laws (Local Laws 2013/021 and 2013/022) May Protect Your Noncitizen Clients from Transfer to Immigration Detention (2013, by IDP)

• Criminal Bars to Relief and Burden of Proof Considerations: Model Briefing for Defending Eligibility for LPR Cancellation of Removal Where the Record of Conviction Is Inconclusive (May 4, 2012, by IDP and Jayashri Srikantiah of Stanford Law School’s Immigrants’ Rights Clinic)
  Topics: Burden of Proof

• Vartelas v. Holder: Implications for LPRs Who Take Brief Trips Abroad and Other Potential Favorable Impacts (April 5, 2012, by IDP, AIC, and NIP-NLG)
  Topics: Retroactivity and 212(c) Relief

• The Implementation of “Secure Communities” Throughout New York May Drastically Alter Your Noncitizen Clients’ Decisions at Arraignments (2012, by IDP)

• Implications of Judulang v. Holder for LPRs Seeking 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies (December 16, 2011, by IDP, AIC, NIP-NLG, and Nancy Morawetz of NYU Law School’s Immigrant Rights Clinic)
  Topics: Retroactivity and 212(c) Relief

• Multiple Drug Possession Cases after Carachuri-Rosendo v. Holder (June 21, 2010, by IDP)
  • Sample Motions to Reopen and Reconsider for Filing with the BIA and IJs (by NIP-NLG)
    Topics: Categorical Approach; Drug Offenses

• The Impact of Nijhawan v. Holder on Application of the Categorical Approach to Aggravated Felony Determinations (June 24, 2009, by IDP and NIP-NLG)
  Topics: Categorical Approach

• Conviction Finality Requirement: The Impact of Matter of Cardenas-Abreu (May 11, 2009, by IDP)
  Topics: Finality of Convictions