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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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  • "Arriving Aliens" and Adjustment of Status: The Impact of the 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” from adjusting status if they are in removal proceedings. This advisory provides a brief history leading to the rule, defines key terms, discusses the impact of the rule, and suggests steps that a parolee can take to benefit from the rule.

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

  • "Finality" of Removal Orders for Judicial Review Purposes

    The Immigration and Nationality Act authorizes the courts of appeals to review “final” removal orders. 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.

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

  • Dada v. Mukasey Q&A: Preliminary Analysis and Approaches to Consider

    In Dada v. Mukasey, the Supreme Court protected the right to file a motion to reopen by holding that voluntary departure recipients are permitted to unilaterally withdraw their voluntary departure request before the expiration of the voluntary departure period. This Q&A offers preliminary analysis about the potential impact of Dada v. Mukasey on individuals’ cases and offers suggestions about immediate steps to take.

    Published On: Tuesday, June 17, 2008 | Download File

  • Introduction to Habeas Corpus

    This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

    Published On: Sunday, June 1, 2008 | Download File

  • Reinstatement of Removal

    A person who has been removed and unlawfully 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 where to obtain federal court review of reinstatement orders and which arguments are available to challenge the legality of reinstatement orders in federal court, including challenges to the underlying removal order.

    Published On: Wednesday, April 23, 2008 | Download File