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 a comprehensive overview of the CSPA and its effective date, with a discussion of the most recent agency interpretations and court cases.

Published On: Wednesday, November 4, 2009 | Download File
Terminating Removal Proceedings to Pursue Naturalization: Challenging Acosta Hidalgo

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
Mandamus Actions: Avoiding Dismissal and Proving the Case

This Practice Advisory provides basic information about filing an immigration-related mandamus action in federal district court. It discusses the required elements of a successful mandamus action as well as jurisdictional concerns that may arise.

Published On: Thursday, August 6, 2009 | Download File
The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings

This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.

Published On: Saturday, August 1, 2009 | Download File
Voluntary Departure: Automatic Termination and the Harsh Consequences of Failing to Depart

This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order. The advisory also discusses the serious consequences that result from failing to depart, when these consequences apply, and importantly, when they do not apply.

Published On: Monday, July 6, 2009 | Download File