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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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  • Seeking Remedies for Ineffective Assistance of Counsel in Immigration Cases

    This practice advisory discusses how individuals can seek a remedy for ineffective assistance of counsel in immigration court proceedings by filing a motion to reopen and provides an overview of the current law on the right to effective assistance, including the procedural and substantive requirements set forth in Matter of Lozada, 19 I&N Dec. 637 (BIA 1988).

    Published On: Tuesday, January 19, 2016 | Download File

  • Preserving the One-Year Filing Deadline for Asylum Cases Stuck in the Immigration Court Backlog

    This practice advisory discusses practical steps that attorneys can take to preserve their clients’ asylum claims where the master calendar hearing is scheduled beyond the one-year filing deadline. These steps include filing affirmatively with the Asylum Office, lodging with the immigration court, and filing a motion to advance the master calendar hearing.

    Published On: Wednesday, January 6, 2016 | Download File

  • Deferred Action for Childhood Arrivals

    This Practice Advisory provides updated information about Initial Deferred Action for Childhood Arrivals (DACA) as well as the DACA Renewal process. It offers strategic advice for attorneys representing individuals who may qualify for DACA. The American Immigration Council issued this advisory jointly with the American Immigration Lawyers Association and the National Immigration Project of the National Lawyers Guild.

    Published On: Wednesday, November 18, 2015 | Download File

  • Mandamus Actions: Avoiding Dismissal and Proving the Case

    This Practice Advisory outlines arguments to make in response to the government’s arguments that the court should dismiss a mandamus or Administrative Procedure Act case brought to remedy the delayed adjudication of an immigration application.

    Published On: Monday, November 9, 2015 | Download File

  • "Arriving Aliens" and Adjustment of Status

    Interim regulations adopted in 2006 but currently still in effect, provide parolees and others categorized as “arriving aliens” in removal proceedings with an opportunity to adjust their status before USCIS as long as they are physically present in the United States. This practice advisory explains the regulations’ division of jurisdiction between USCIS and EOIR, defines key concepts, and suggests strategies to ensure that parolees in removal proceedings who are eligible to adjust status are able to do so before they are removed. 

    Published On: Monday, November 9, 2015 | Download File