Practice Advisories

Op-Ed: DOJ Immigration Reform Must Overturn Harmful Precedent, by Andrew Wachtenheim

Law360 published an op-ed by Andrew Wachtenheim, IDP’s Supervising Litigation Attorney, analyzing a body of administrative law opinions that wrongly attach harsh and unauthorized immigration consequences to past contact with the criminal legal system, with discriminatory impact on immigrants of color. The op-ed focuses on precedent decisions published by the Board of Immigration Appeals and Office of the Attorney General … Read more »

Updated Practice Advisory: “Realistic Probability” in Immigration Categorical Approach Cases

Immigrant Defense Project and NIPNLG have issued a new national-scope practice advisory entitled “Realistic Probability” in Immigration Categorical Approach Cases (June 3, 2021).  The practice advisory discusses the origins of the “realistic probability” concept in immigration law, national case law on realistic probability, and litigation issues currently before the immigration agencies and federal courts.  The new advisory is an update to … Read more »

Litigating in the 2nd Circuit Post-Jennings

New Detention Resources! IDP is pleased to share two practice advisories to support detention litigation in the 2nd Circuit following the Supreme Court’s decision in Jennings v. Rodriguez: IDP Practice Advisory: Making Constitutional Arguments in the Second Circuit to Challenge Prolonged Mandatory Detention after Jennings and Lora IDP and NYU Immigrant Rights Clinic and Practice Advisory: Making Statutory Arguments in … Read more »

Practice Advisory: Mellouli v. Holder (2015)

IDP and the National Immigration Project of the National Lawyers Guild have prepared a Mellouli practice advisory regarding the Mellouli decision. On June 1, the U.S. Supreme Court strongly reaffirmed general applicability of the traditional strict categorical approach for determining removability in the immigration context. Mellouli v. Lynch, No. 13-1034, 2015 WL 2464047 (June 1, 2015). Specifically, the Court held … Read more »

Practice Advisory: Silva-Trevino II

On April 10, 2015, U.S. Attorney General Eric Holder signed an order that should be good news for immigrants accused of certain crimes and their criminal defense lawyers: Matter of Silva-Trevino, 26 I. & N. Dec. 550 (A.G. 2015) (Silva-Trevino II). The Attorney General’s order vacates a November 7, 2008 opinion of former Attorney General Michael Mukasey that allowed immigration … Read more »

Practice Advisory: 2014 NYC Detainer Law

On October 22, 2014 the New York City Council passed groundbreaking legislation dramatically expanding existing city laws that limit the circumstances under which the New York City Police Department (NYPD) and Department of Correction (DOC) will honor an U.S. Immigration and Customs Enforcement (ICE) detainer or otherwise cooperate with federal mass deportation programs. Most of the legislation took effect on December 14, … Read more »

Practice Advisory: Getting Clients with Detainers Out of DOC Custody

IDP has just released an advisory along with sample briefs which were shared by the Legal Aid Society and Brooklyn Defender Services. The advisory explains who is eligible and provides a step-by-step guide on how to prepare and file the necessary court documents. View advisory and related documents. Practice Advisory: Getting Clients with Detainers Out of DOC Custody

Practice Advisory: The Realistic Probability Standard

Just released practice advisory: “The Realistic Probability Standard: Fighting Government Efforts to Use It to Undermine the Categorical Approach” In its September 22 decision in Matter of Ferreira, 26 I&N Dec. 415 (BIA 2014), the Board of Immigration Appeals took an expansive view of the realistic probability test for assessing whether a criminal statute covers conduct outside of a charged removal ground … Read more »

Practice Advisory: Matter of Chairez-Castrejon: BIA Applies Moncrieffe and Descamps

Practice Advisory: Matter of Chairez-Castrejon: BIA Applies Moncrieffe and Descamps to Modify and Clarify Its Views on Proper Application of the Categorical Approach (July 31, 2014): IDP and the National Immigration Project have issued an advisory on the Board of Immigration Appeals July 24th decision in Matter of Chairez-Castrejon, 26 I&N Dec. 349 (BIA 2014).  In this decision, the Board applied last year’s Supreme Court’s decisions in Moncrieffe … Read more »

Practice Advisory: NYC Detainer Policy Effective July 2013

IDP has issued a practice advisory for criminal defense attorneys regarding New York City’s 2013 detainer laws (Local Laws 2013/021 and 2013/022). This advisory provides guidance as to which immigration detainers the New York Police Department and the NYC Department of Corrections will not honor, thereby preventing certain non-citizens from being transferred to immigration detention. IDP also includes bail payment … Read more »

Practice Advisory: Descamps v. US

IDP and the National Immigration Project of the National Lawyers Guild have issued a practice advisory on Descamps v. United States, in which the Supreme Court clarified the proper use of the “modified categorical approach” to analyze the immigration and federal sentencing consequences of prior convictions. The Court squarely rejected a rule adopted by some lower courts (as well as the BIA) … Read more »

Practice Advisory: Implications of Moncrieffe v. Holder

IDP, the American Immigration Council, and the National Immigration Project have issued a practice advisory on the implications for drug charges and other issues involving the categorical approach of the Supreme Court’s long-awaited decision in Moncrieffe v. Holder. The Supreme Court held that an offense that punishes the transfer of small amounts of marijuana for no remuneration cannot be deemed a … Read more »

Practice Advisory: Important Categorical Approach Issue

This advisory, issued jointly by IDP and the Immigrant Legal Resource Center, discusses the potentially helpful impact that a pending Supreme Court case may have on whether immigration judges can look behind criminal convictions to examine underlying court records.  The criminal case, Descamps v. United States, has the potential to undermine the BIA’s problematic decision in Matter of Lanferman, 25 I&N … Read more »

Practice Advisory: DACA (Including Notes on NY Criminal Bars)

IDP has produced a practice advisory regarding the criminal bars to obtaining protection under Deferred Action for Childhood Arrivals (DACA), including specific notes on NY crimes and dispositions. This practice advisory was originally created by the Immigrant Legal Resource Center which granted IDP permission to generate this version.

Practice Advisory: ICE’s “Secure Communities” in NYC

On May 15, 2012, ICE activated its “Secure Communities” program throughout New York State. As the implementation of this program may drastically alter the decision of noncitizen clients at arraignments, IDP has issued a practice advisory for criminal defense attorneys. “Secure Communities” (S-Comm) is an Immigration and Customs Enforcement (ICE) agency program that requires state and local law enforcement agencies to … Read more »

Advisory issued. Immigrants with convictions or arrests: Don’t let the DREAM become a nightmare

The Obama Administration’s decision to exercise prosecutorial discretion to extend deferred action to DREAMers is a step in the right direction toward ending unjust deportations, but may pose risks for some people who apply, especially those who have criminal convictions or arrests, juvenile dispositions, or possibly even tickets for minor violations.  The policy that the President announced includes broadly-worded bars … Read more »