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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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  • BIA "Affirmance Without Opinion": What Federal Court Challenges Remain?

    This Practice Advisory discusses the types of Affirmance Without Option (AWO) challenges that have failed and those that remain available. The advisory also includes a chart identifying the primary cases in each circuit and how they have decided various AWO issues.

    Published On: Wednesday, April 27, 2005 | Download File

  • Suggested Strategies for Remedying Missed Petition for Review Deadlines or Filings in the Wrong Court

    This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court.

    Published On: Wednesday, April 20, 2005 | Download File

  • EOIR Background and Security Check Regulations

    On April 1, 2005, EOIR’s Background and Security Check regulations went into effect. The interim rule bars IJs and the BIA from granting most forms of relief until DHS has informed them that security checks are completed. This Practice Advisory provides basic information about the requirements and procedures under the interim rule and highlights the major changes to BIA procedures.

    Published On: Wednesday, April 6, 2005 | Download File

  • Objecting to Video Merits Hearings

    This Practice Advisory discusses the problems arising from the use of video hearings, and suggests ways to protect the respondent's rights and move for in-person hearings where that strategy is selected.

    Published On: Sunday, December 12, 2004 | Download File

  • St. Cyr Regulations and Strategies for Applicants Barred from Section 212(C) Relief

    Pursuant to the Supreme Court’s decision INS v. St. Cyr, the Department of Justice (DOJ) published its final rule on procedures for applying for section 212(c) relief. This Practice Advisory summarizes the rule and describes who can apply for § 212(c) relief under the rule. In addition, it discusses strategies and arguments to assist individuals who are barred under the rule.

    Published On: Tuesday, October 19, 2004 | Download File