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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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  • The Criminal Justice Act: Appointment of Counsel in Habeas Corpus Proceedings

    This Practice Advisory presents a short introduction to the Criminal Justice Act (CJA), which authorizes U.S. district courts to appoint counsel to represent financially eligible individuals in habeas corpus actions brought pursuant to 28 U.S.C. § 2241.

    Published On: Saturday, August 1, 2009 | Download File

  • Voluntary Departure: Automatic Termination and the Harsh Consequences of Failing to Depart

    This Practice Advisory addresses when the voluntary departure period runs and the events that cause automatic termination of a voluntary departure order. The advisory also discusses the serious consequences that result from failing to depart, when these consequences apply, and importantly, when they do not apply.

    Published On: Monday, July 6, 2009 | Download File

  • The § 237(a)(1)(H) Fraud Waiver

    This Practice Advisory discusses the § 237(a)(1)(H) waiver for fraud or misrepresentation at admission that would otherwise render deportable certain LPRs and Violence Against Women Act (VAWA) self-petitioners. The advisory addresses contexts in which the waiver is available, the statutory eligibility requirements, and the relief that results from a grant of the waiver.

    Published On: Monday, June 1, 2009 | Download File

  • Electronic Filing and Access to Electronic Federal Court Documents

    This Practice Advisory explains the federal rules authorizing electronic filing in federal court; describes how to file documents in federal court using the Electronic Case Files (CM/ECF) System; and outlines how to access electronic documents through Public Access to Court Electronic Records (PACER). The advisory discusses restrictions on electronic access to court documents in immigration cases.

    Published On: Monday, April 13, 2009 | Download File

  • Voluntary Departure Q&A

    This Q&A provides an overview of EOIR’s regulations on voluntary departure, issued December 18, 2008. The regulations, which went into effect on January 20, 2009, address various aspects of voluntary departure, including what happens to voluntary departure when motions to reopen and reconsider and petitions for review are filed.

    Published On: Monday, December 22, 2008 | Download File