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 an earlier practice advisory, The Realistic Probability Standard: Fighting Government Efforts to Use It to Undermine the Categorical Approach, which was co-authored by IDP and NIPNLG in 2014.