TABLE OF CONTENTS
AILA’s Immigration Litigation Toolbox, 7th edition
000 Front Matter
001 Cover
002 AILA Title of Interest
003 Copyright; Website for Corrections and Updates
004 Terms and Conditions for Use of eBooks
005 Preface
006 About the Editors
007 About the Contributors
008 About AILA
009 Table of Contents
A General Considerations
A01 Best Practices for a Successful Trial Strategy
by Rekha Sharma-Crawford and Maris Liss
A02 Administrative Review vs. Judicial Review of an Employment-Based Petition Denial
from the AILA Administrative Litigation Task Force
B Immigration Court
1 In General
B01 Sample Written Pleading to NTA Allegations
B02 Motion to Withdraw and Amend Pleadings – New Relief Available
B03 Motion to Withdraw and Amend pleadings – Respondent No Longer Removable
B04 Motion to Withdraw Plea – Template
B05 Motion to Accept Late Filing
B06 Motion to Set Aside Scheduling Order and Hold Master Calendar Hearing
2 Custody and Bond
B07 Motion for Joseph Hearing
B08 Motion for Custody Redetermination – New Arrivals
B09 Motion for Bond Redetermination
B10 Second Motion to Reconsider Bond
B11 Index of Documents Supporting Bond Motion
3 Counsel
B12 Motion to Withdraw as Counsel
B13 Motion for Substitution of Counsel
4 Time, Place, and Manner of Hearing
B14 Motion to Change Venue
B15 Motion to Advance Individual Hearing Date
B16 Motions for a Continuance
Practice advisory from the American Immigration Council
B17 Motion to Continue or to Waive Presence of Respondent
B18 Motion to Continue – To Allow for Adjustment of Status
B19 Memorandum of Law for Motion to Continue – Hashmi
B20 Motion to Waive Appearance of Respondent
B21 Motion to Permit Telephonic Appearance by Respondent and Counsel
B22 Motion to Permit Telephonic Appearance by Counsel
B23 Motion for Closed Hearing
5 Consolidation and Severance
B24 Motion for Consolidatation
B25 Motion for Severance
6 Administrative Closure
B26 Motion to Temporarily Administratively Close – To Allow for Submission of I-601A
B27 Motion to Recalendar
7 Evidence
B28 Dent v. Holder and Strategies for Obtaining Documents from the Government During
Removal Proceedings
Practice advisory from the American Immigration Council
B29 Motions to Suppress in Removal Proceedings: A General Overview
Practice advisory from the American Immigration Council
B30 Motions to Suppress in Removal Proceedings: Cracking Down on Fourth Amendment
Violations by State and Local Law Enforcement Officers
Practice advisory from the American Immigration Council
B31 Motions to Suppress in Removal Proceedings: Fighting Back Against Unlawful Conduct
by U.S. Customs and Border Protection
Practice advisory from the American Immigration Council
B32 Brief Supporting Motion to Suppress and Terminate
B33 Declaration in Support of Motion to Suppress and Terminate
B34 Motion to Strike DHS Evidence
B35 Motion for Subpoenas
B36 Motion to Accept Late-Filed Evidence
B37 Motion for Prehearing Conference
B38 Witness List
B39 Motion to Present Telephonic Testimony of Witness
B40 Motion to Present Witness Testimony by Video
8 Relief from Removal
B41 Motion to Terminate – Respondent Not Removable
B42 Motion to Terminate – Approved I-130
B43 Niz-Chavez Arguments in Support of Motion to Terminate
B44 Sample Table of Contents for Relief Request
B45 Brief in Support of Court’s Jurisdiction to Adjust Respondent
B46 Brief in Support of Application for Asylum, Withholding, and CAT Relief
B47 Index for Asylum Application
B48 Brief in Support of NonLPR Cancellation
B49 Brief in Support of LPR Cancellation
B50 Motion for Prehearing Voluntary Departure
B51 Brief in Support of Voluntary Departure
9 Postdecision Motions
B52 The Basics of Motions to Reopen EOIR-Issued Removal Orders
Practice advisory from the American Immigration Council
B53 Seeking Remedies for Ineffective Assistance of Counsel in Immigration Cases
Practice advisory from the American Immigration Council
B54 Checklist for Skeletal Motions to Reopen – Except In Absentia Orders
B55 Template Cover Letter for Motion to Reopen and Emergency Motion for a Stay of
Removal – Except In Absentia Orders
B56 Template Motion for a Fee Waiver Accompanying Motion to Reopen – Except In
Absentia Order
B57 Template Skeletal Motion to Reopen – Except In Absentia Order
B58 Template Stay Motion for Individuals Filing Motions to Reopen Based on Fear-
Based Claims
B59 Template Stay Motion for Individuals Filing Motions to Reopen Not Based on Fear-
Based Claims
B60 Guidelines for Letters in Support of Stay Motions
B61 Joint Motion to Reopen and Terminate – Approved I-130
B62 Motion to Reopen – Ineffective Assistance of Counsel
B63 Checklist for Skeletal Motion to Rescind and Reopen In Absentia Removal Order
B64 Template Cover Letter for Motion to Rescind and Reopen In Absentia Removal
Order
B65 Template Motion for a Fee Waiver Accompanying Motion to Reopen In Absentia
Order
B66 Template Skeletal Motion to Reopen In Absentia Removal Order
B67 Template Letter Informing ICE of Automatic Stay Based on Filing of Motion to
Rescind and Reopen In Absentia Removal Order
B68 Motion to Reopen in Absentia Removal Order and Stay Removal – VAWA Relief
Available
B69 Motion to Reopen In Absentia Removal Order – Lack of Notice
B70 Motion to Reopen In Absentia Removal Order – Exceptional Circumstances
C Board of Immigration Appeals
C01 Standards of Review Applied by the Board of Immigration Appeals
Practice advisory from the American Immigration Council
C02 Direct Appeals of Removal Orders (Merits Proceedings)
from the Immigration Justice Campaign
C03 Sample EOIR-26
C04 Attachment to EOIR-26
C05 Sample EOIR-26 – Interlocutory Appeal
C06 Checklist for Late-Filed BIA Appeal
C07 Template Cover Letter for Late-Filed BIA Appeals
C08 Supplement to EOIR-26 Re Late-Filed Appeal and Automatic Stay
C09 Letter Informing ICE of Automatic Stay Based on Late-Filed BIA Appeal
C10 Letter to BIA Re Missing Transcripts
C11 Briefing Extension Request – BIA
C12 Motion to Accept Late-Filed Brief – BIA
C13 Declaration in Support of Late-Filed Brief
C14 Sample BIA Appeal Brief
C15 Sample Brief `Language Requesting Oral Argument and Three-Member Panel
C16 Emergency Motion to BIA to Stay Removal – Appeal Pending
C17 Emergency Motion to BIA to Stay Removal – Motion to Reopen Pending
C18 Template Stay Motion for Individuals Filing Motions to Reopen That Are Not
Based on Fear-Based Claims
C19 Template Stay Motion for Individuals Filing Motions to Reopen Based on Fear-
Based Claims
C20 Exhibit List for Emergency Motion to Stay Removal
C21 Motion to Accept Reply Brief
C22 Motion to BIA to Administratively Close – To Allow for Filing of I-601A
C23 Departure Bar to Motions to Reopen and Reconsider – Legal Overview and Related
Issues
from the American Immigration Council and the National Immigration
Project of the National Lawyers Guild
C24 Checklist for Skeletal Motions to Reopen – BIA
C25 Template Cover Letter to BIA for Motion to Reopen and Emergency Motion for a
Stay of Removal
C26 Template Skeletal Motion to Reopen – BIA
C27 Brief in Support of Motion to Reopen – BIA
C28 Motion to Recalendar – BIA
C29 Motion to BIA to Remand to Immigration Court
C30 Motion for Reconsideration by Three-Member Panel of BIA
D USCIS Reconsideration
D01 Motion to USCIS to Reopen and Reconsider Denial of Petition
D02 Brief in Support of N-336 Request for Hearing
D03 Brief and Support Letter for N-336
E USCIS Administrative Appeals Office
E01 USCIS on Practicing Before the AAO
Correspondence between Naomi Schorr and USCIS
E02 AAO Appeal Brief – Denial of I-601 and I-212 Waivers
E03 AAO Appeal Brief – Denial of U Visa Petition
F Department of Labor Reconsideration
F01 OFLC PERM FAQs on Certifying Officer Review
F02 Request for Reconsideration or Review of Certifying Officer Decision
G Board of Alien Labor Certification Appeals
G01 BALCA Brief
H Federal District Court
H01 Bivens Basics: An Introductory Guide for Immigration Attorneys
Practice advisory from the American Immigration Council
H02 Whom to Sue and Whom to Serve in Immigration-Related District Court Litigation
Practice advisory from the American Immigration Council and the National
Immigration Project of the National Lawyers Guild
H03 Summons
H04 Notice of a Lawsuit and Request to Waive Service of Summons
H05 Motion to Appear Pro Hac Vice
H06 Motion to Compel Production of Administrative Record – District Court
H07 Petition for Writ of Habeas Corpus
H08 Mandamus Litigation Against DOL to Address Delays in Prevailing Wage
Determinations and Labor Certifications
Practice advisory from the American Immigration Council
H09 Mandamus and APA Delay Cases: Avoiding Dismissal and Proving the Case
Practice advisory from the American Immigration Council and the National
Immigration Litigation Alliance
H10 How to Get Judicial Relief Under 8 U.S.C. §1447(b) for a Stalled Naturalization
Application
Practice advisory from the American Immigration Council
H11 Mandamus Complaint for Stalled Naturalization Application
H12 Failure to Appeal to the AAO: Does It Bar All Federal Court Review of the Case?
Practice advisory from the American Immigration Council
H13 Immigration Lawsuits and the APA: The Basics of a District Court Action
Practice advisory from the American Immigration Council
H14 Litigation for Business Immigration Practitioners
Practice advisory from the American Immigration Council
H15 Civil Cover Sheet – District Court
H16 Motion for Class Certification
H17 Class Action Complaint
H18 Challenging H-1B Denials in Federal Courts: Trends and Strategies
from the AILA Administrative Litigation Task Force
H19 APA Complaint for H-1B Denial
H20 FOIA for Immigration Lawyers
Practice advisory from the American Immigration Council
H21 FOIA Complaint Against USCIS and CBP
H22 FOIA Complaint Against EOIR
H23 The Government Answered a Complaint Alleging Administrative Procedure Act
Violations – Now What?
Practice tip from the American Immigration Council
H24 Motion for Temporary Restraining Order
H25 Motion for Preliminary Injunction
H26 Agency Delay Litigation: Opposing a Government Motion to Dismiss
Practice advisory from the American Immigration Council
H27 Opposition to Motion to Dismiss – District Court
H28 Motion for Summary Judgment
H29 Opposition to Stay of Discovery
H30 Request for Production of Documents
H31 Joint Request for Entry of Protective Order
H32 Rule 26 Initial Disclosures
H33 Requesting Attorneys’ Fees Under the Equal Access to Justice Act
Practice advisory from the American Immigration Council, the National
Immigration Litigation Alliance, and the National Immigration Project of
the National Lawyers Guild
H34 Motion for Costs and Fees Under EAJA – District Court
H35 Affidavit in Support of EAJA Motion – District Court
H36 Template Notice of Appeal – District Court
H37 Motion for Return of Deportee – District Court
I Federal Court of Appeals
I01 The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review
Practice advisory from the American Immigration Council
I02 How to File a Petition for Review
Practice advisory from the American Immigration Council
I03 Petition for Review - Denial of Motion to Reopen Removal Proceedings
I04 Seeking a Judicial Stay of Removal in the Court of Appeals
Practice advisory from the National Immigration Project of the National Lawyers
Guild, Boston College Post Deportation Human Rights Project and Immigrant
Rights Clinic, Washington Square Legal Services, New York University School of
Law, and the American Immigration Council
I05 Emergency Motion for Stay of Removal Pending Review – Court of Appeals
I06 Joint Motion to Hold Case in Abeyance and Nonopposition to Stay of Removal
I07 Unopposed Motion to Hold Briefing Schedule in Abeyance – Motion to Reopen Pending
I08 Opposed Motion to Hold Case in Abeyance – BIA Decision Pending
I09 Sample Letter Requesting Reinstatement Documents from ICE
I10 Motion for Extension of Time to File Opening Brief – Court of Appeals
I11 Motion for Extension of Time to File Reply Brief – Court of Appeals
I12 Principal Brief – Court of Appeals
I13 Reply Brief – Court of Appeals
I14 Unopposed Motion to Consolidate Appeals – Court of Appeals
I15 Motion for Permission to Appeal in Forma Pauperis
I16 Motion to Correct Certified Administrative Record
I17 FRAP 28(j) Letter Notifying Court of Appeals of Additional Authorities
I18 Reply to FRAP 28(j) Letter
I19 Motion for Court of Appeals to Take Judicial Notice
I20 Motion to Voluntarily Dismiss Without Prejudice
I21 EAJA Motion. – Court of Appeals
I22 Timesheet for EAJA Motion
I23 Motion for Costs – Court of Appeals
I24 Petition for Panel Rehearing and Rehearing En Banc
I25 Motion to Court of Appeals to Amend Decision
I26 Motion to Court of Appeals to Publish Decision
I27 Opposition to Motion to Publish Decision – Court of Appeals
I28 Opposition to Motion to Amend Opinion and Stay Mandate
J U.S. Supreme Court
J01 Instructions for Filing Petition for Writ of Certiorari
from the Office of the Clerk, U.S. Supreme Court
J02 Guidelines for the Submission of Documents to the Supreme Court’s Electronic Filing
System
from the Office of the Clerk, U.S. Supreme Court
J03 Waiver of Response to Government Petition for Writ of Certiorari
J04 Sample Petition for Writ of Certiorari