General

This practice advisory discusses the “brief, casual and innocent” standard under existing case law. Though such case law may inform USCIS’s review of absences from the United States, DACA adjudicators are not bound by these decisions. Courts have often adopted generous interpretations of the “brief, casual and innocent” standard, and it is hoped that USCIS will do the same in the DACA context.

Published On: Tuesday, January 29, 2013 | Download File

This Practice Advisory addresses the implementation of DHS’s prosecutorial discretion guidelines and provides detail about how DHS’s new joint working group will determine low priority immigration cases.

Published On: Monday, February 13, 2012 | Download File

This Practice Advisory provides ideas for attorneys representing noncitizens in removal proceedings whose cases are affected by DOMA.

Published On: Monday, June 13, 2011 | Download File

This Practice Advisory provides a general overview of motions to suppress, a tool used to prevent the introduction of evidence obtained by federal immigration officers in violation of the Fourth Amendment, Fifth Amendment, and related provisions of federal law.

Published On: Wednesday, October 12, 2011 | Download File

This Practice Advisory explains what prosecutorial discretion is, who has authority to exercise it, and how it is exercised most often in immigration cases. It also suggests ways that attorneys can influence the favorable exercise of prosecutorial discretion by ICE and USCIS officers.

Published On: Friday, June 24, 2011 | Download File