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Practice Advisories

LAC Practice Advisories provide in depth discussion and analysis of select substantive and procedural issues in immigration law. The Practice Advisories are intended to assist lawyers and do not substitute for individual legal advice supplied by a lawyer familiar with a client's case.

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  • Voluntary Departure Q&A

    This Q&A provides an overview of EOIR's new regulations on voluntary departure. The new regulations, which go into effect on January 20, 2009, address various aspects of voluntary departure, including what happens to voluntary departure when motions to reopen and reconsider and petitions for review are filed.

    Published On: Monday, December 22, 2008 | Download File

  • Equal Access to Justice Act (EAJA) Fee Application

    This Practice Advisory addresses the deadline for filing an Equal Access to Justice Act (EAJA) fee application, the statutory requirements for eligibility, and procedural aspects of filing an EAJA fee application, including documenting and calculating fees.

    Published On: Monday, December 8, 2008 | Download File

  • USCIS Adjustment of Status of "Arriving Aliens" with an Unexecuted Final Order of Removal

    This Practice Advisory explains why USCIS has jurisdiction over adjustment applications of an arriving alien parolee with an unexecuted final order of removal. It also outlines the arguments why such a parolee remains eligible for adjustment notwithstanding an unexecuted final order of removal. This practice advisory supplements an earlier practice advisory addressing the adjustment of paroled "arriving aliens" under the interim regulations adopted on May 12, 2006.

    Published On: Thursday, November 6, 2008 | Download File

  • "Arriving Aliens" and Adjustment of Status: What is the Impact of the Government's Interim Rule of May 12, 2006?

    This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all "arriving aliens"

    Published On: Wednesday, November 5, 2008 | Download File

  • "Finality" of Removal Orders for Judicial Review Purposes

    This Practice Advisory addresses whether a removal decision issued by an Immigration Judge or the BIA is a "final" removal order for purposes of federal court review. Federal courts can only review "final" removal orders. This advisory discusses whether a BIA remand, for example, affects the "finality" of the order.

    Published On: Tuesday, August 5, 2008 | Download File