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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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  • Introduction to Habeas Corpus

    This Practice Advisory offers a short introduction to habeas corpus, addressing when and how a petitioner may file a petition for writ of habeas corpus in the immigration context.

    Published On: Sunday, June 1, 2008 | Download File

  • § 212(h) Eligibility: Case Law and Potential Arguments

    This Practice Advisory addresses statutory requirements for § 212(h) waivers; availability of § 212(h) waivers in removal proceedings for both LPRs and non-LPRs; and situations when a “stand-alone” § 212(h) waiver can, or arguably might, be filed. The advisory also discusses the regulation imposing a heightened hardship standard in cases involving violent or dangerous crimes.

    Published On: Tuesday, February 19, 2008 | Download File

  • Immigration Lawsuits and the APA: The Basics of a District Court Action

    This Practice Advisory discusses the primary issues involved in a suit brought under the Administrative Procedure Act (APA) to challenge an unlawful agency action. The advisory provides examples of how these issues have been decided in immigration cases and arguments that can be made to meet the various procedural requirements for an APA action.

    Published On: Wednesday, May 9, 2007 | Download File

  • Federal Court Jurisdiction Over Discretionary Decisions After REAL ID

    This Practice Advisory discusses the changes that the REAL ID Act made to INA § 242(a)(2)(B) and outlines an analysis for whether §242(a)(2)(B) applies to a particular case. It also discusses federal court jurisdiction over discretionary decisions after the REAL ID Act in the removal and non-removal contexts.

    Published On: Wednesday, April 5, 2006 | Download File

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

    This Practice Advisory discusses how the asylum employment authorization document (EAD) clock operates, both in theory and in practice. The advisory addresses EOIR’s interpretation and implementation of the asylum clock and provides an analysis of and strategies around clock-stopping events.

    Published On: Tuesday, February 28, 2006 | Download File