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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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  • The Child Status Protection Act

    This practice advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts.

    Published On: Thursday, June 20, 2013 | Download File

  • Immigration Lawsuits and the APA: The Basics of a District Court Action

    This practice advisory discusses the procedural requirements for an APA suit, highlights the primary issues that arise in such cases, and provides examples of how the courts have decided these issues in immigration cases.

    Published On: Thursday, June 20, 2013 | Download File

  • Moncrieffe v. Holder: Implications for Drug Charges and Other Categorical Approach Issues

    In Moncrieffe, the Supreme Court held that a state drug conviction is not an aggravated felony when the statute of conviction extends to the social sharing of a small amount of marijuana. This practice advisory discusses the holding of the case, the decision’s potential broader implications, strategies for noncitizen criminal defendants, and steps that lawyers should take immediately in pending or already concluded removal proceedings affected by Moncrieffe.

    Published On: Thursday, May 2, 2013 | Download File

  • Reinstatement of Removal

    A person who has been removed and illegally reenters the United States may be subject to reinstatement of removal under INA § 241(a)(5). This Practice Advisory provides an overview of the reinstatement statute and implementing regulations. It also addresses federal court review of reinstatement orders and potential arguments to challenge the legality of reinstatement orders, including challenges to the underlying removal order.

    Published On: Monday, April 29, 2013 | Download File

  • The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review

    The fugitive disentitlement doctrine arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.

    Published On: Monday, April 29, 2013 | Download File