Relief from Removal

This practice advisory discusses entries in three common situations: where a noncitizen is “waved” through a port of entry with no questions asked; where entry is gained by fraud or misrepresentation; and where there is a false claim to U.S. citizenship.  With respect to each situation, the practice advisory explores whether an “admission” has occurred, the individual’s immigration status upon entry, and the immigration consequences of the action.  It also discusses the impact of these three types of entries on a DACA application.

Published On: Tuesday, January 29, 2013 | Download File

This practice advisory incorporates recent DHS guidance regarding fraudulent Social Security numbers, required evidence, and travel considerations for individuals who are requesting Deferred Action for Childhood Arrivals (DACA). It also offers strategic advice for attorneys representing individuals who may qualify for DACA. The LAC issued this advisory jointly with the American Immigration Lawyers Association and the National Immigration Project of the National Lawyers Guild.

Published On: Monday, April 22, 2013 | Download File

This Practice Advisory describes the Supreme Court's decision in Vartelas v. Holder, holding that the Fleuti doctrine still applies to lawful permanent residents (LPRs) with pre-IIRIRA convictions. This means that LPRs with convictions before April 1, 1997 who travel abroad do not, upon their return, face inadmissibility if their trip was brief, casual and innocent. The advisory offers strategies for LPRs who are affected by the decision and discusses some of the decision's other potential favorable impacts.

Published On: Thursday, April 5, 2012 | Download File

This Practice Advisory describes the Supreme Court’s decision in Judulang v. Holder, which rejected the BIA's "comparable grounds" test for § 212(c) relief, and offers strategies for lawful permanent residents and others who may be affected by it.

Published On: Friday, December 16, 2011 | Download File

This Practice Advisory addresses statutory requirements for § 212(h) waivers; availability of § 212(h) waivers in removal proceedings for both LPRs and non-LPRs; and situations when a “stand-alone” § 212(h) waiver can, or arguably might, be filed. The advisory also discusses the regulation imposing a heightened hardship standard in cases involving violent or dangerous crimes.

Published On: Tuesday, February 19, 2008 | Download File

This Practice Advisory discusses the § 237(a)(1)(H) waiver for fraud or misrepresentation at admission that would otherwise render deportable certain LPRs and Violence Against Women Act (VAWA) self-petitioners. The advisory addresses contexts in which the waiver is available, the statutory eligibility requirements, and the relief that results from a grant of the waiver.

Published On: Monday, June 1, 2009 | Download File

This Practice Advisory discusses 8 C.F.R. § 1239.2(f) and the BIA’s interpretation of it in Matter of Acosta Hidalgo. In Matter of Acosta Hidalgo, the BIA said that IJs and the BIA lack jurisdiction to determine prima facie eligibility for naturalization in order to terminate removal proceedings. The advisory sets out legal arguments for challenging the BIA’s decision.

Published On: Friday, September 18, 2009 | Download File