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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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  • § 212(h) Eligibility: Case Law and Potential Arguments

    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

  • Federal Court Jurisdiction Over Discretionary Decisions After REAL ID

    This Practice Advisory discusses the changes that the REAL ID Act made to INA § 242(a)(2)(B) and outlines an analysis for whether §242(a)(2)(B) applies to a particular case. It also discusses federal court jurisdiction over discretionary decisions after the REAL ID Act in the removal and non-removal contexts.

    Published On: Wednesday, April 5, 2006 | Download File

  • Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock

    This Practice Advisory discusses how the asylum employment authorization document (EAD) clock operates, both in theory and in practice. The advisory addresses EOIR’s interpretation and implementation of the asylum clock and provides an analysis of and strategies around clock-stopping events.

    Published On: Tuesday, February 28, 2006 | Download File

  • Judicial Review Provisions of The REAL ID Act

    On May 11, 2005, the REAL ID Act was signed into law. This Act contains numerous provisions related to federal court review of immigration cases. This Practice Advisory discusses the provisions of the Act that pertain to judicial review of immigration decisions under the INA.

    Published On: Tuesday, June 7, 2005 | Download File

  • 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