BIA & Immigration Court Procedures

In Matter of E-R-M-F- & A-S-M-, 25 I. & N. Dec. 580 (BIA 2011), the Board of Immigration Appeals severely undermined the protections provided by 8 C.F.R. § 287.3(c), holding that certain noncitizens arrested without a warrant need not be advised of their rights, including the right to counsel, prior to post-arrest examinations. This practice advisory highlights flaws in the E-R-M-F- decision and suggests strategies for challenging the BIA’s reading of § 287.3(c) and moving to suppress evidence obtained in violation of the regulation.

The Legal Action Center encourages attorneys with ongoing cases involving the timing of the 8 C.F.R. § 287.3(c) advisals to contact [email protected] for further information.

Published On: Friday, November 2, 2012 | Download File

This Practice Advisory provides an overview of the work authorization process for asylum applicants, addresses the operation of the “asylum clock,” which is used to track the 180-day waiting period during which an applicant cannot apply for work authorization, and discusses possible solutions to several common asylum clock problems.

Published On: Wednesday, October 17, 2012 | Download File

This Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process.

Published On: Tuesday, June 12, 2012 | Download File

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

This Practice Advisory provides a detailed analysis of the BIA's precedent decision in Matter of M-A-M- and offers strategic advice on how to address issues that may arise in the context of representing noncitizens with mental competency issues.

Published On: Wednesday, November 30, 2011 | Download File

The BIA's "procedural reforms" rule went into effect on September 25, 2002. This Practice Advisory highlights the changes made by this rule.

Published On: Friday, January 10, 2003 | Download File

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

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