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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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  • Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock

    The American Immigration Council’s Practice Advisory, Employment Authorization and Asylum: Strategies to Avoid Stopping the Asylum Clock, has been updated to reflect extensive changes to the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an Employment Authorization Document (EAD).

    For more information, please visit our asylum clock litigation page and read the updated FAQ on the benefits provided under the settlement agreement of the nationwide class action, ABT. v. USCIS, which challenged policies related to employment authorization for asylum applicants.

    Published On: Wednesday, February 5, 2014 | Download File

  • Seeking a Judicial Stay of Removal in the Court of Appeals

    This Practice Advisory provides background information about requesting stays of removal from the court of appeals, discusses the legal standard for obtaining a stay, and addresses the implications of the government’s policy with respect to return of individuals who are successful on their appeal.

    Published On: Tuesday, January 21, 2014 | Download File

  • Departure Bar to Motions to Reopen and Reconsider: Legal Overview and Related Issues

    This Practice Advisory discusses the "departure bar" to motions to reopen and arguments adopted by circuit courts that have rejected or upheld the bar.

    Published On: Wednesday, November 20, 2013 | Download File

  • Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct by CBP

    This practice advisory addresses some of the factual scenarios and legal issues that may arise when seeking to suppress evidence unlawfully obtained at or near the border.  This practice advisory supplements a prior LAC practice advisory, Motions to Suppress in Removal Proceedings: A General Overview, which has been updated to address certain strategic considerations concerning motions to suppress, including the advisability and timing of filing a concurrent request for prosecutorial discretion or a lawsuit for damages.

    Published On: Wednesday, November 13, 2013 | Download File

  • Motions to Suppress in Removal Proceedings: A General Overview

    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. This updated version has been changed to reflect recent developments regarding the suppression of identity-related evidence, the “fruit of the poisonous tree” doctrine, and the impact of widespread Fourth Amendment violations.

    Published On: Wednesday, November 13, 2013 | Download File