Practice Advisories
Maria Lurye Law, PLLC publishes practice advisories on significant developments in immigration law, appellate procedure, and removal defense strategy. These advisories are designed to help practitioners stay current and respond effectively to a rapidly evolving legal landscape. Each advisory includes a downloadable PDF for easy reference.
These materials are provided for informational purposes only and do not constitute legal advice. Practitioners should conduct their own independent research and analysis and are responsible for ensuring that any strategies or arguments are appropriate for their specific cases and jurisdictions.
Featured Advisories
Immigration Court — Appeal Preservation Quick Reference Card
Published 3/23/26
Asylum • Withholding • CAT • Unaccompanied Minors
This quick reference card provides a stage-by-stage preservation checklist for immigration removal defense practitioners handling asylum, withholding of removal, Convention Against Torture, and unaccompanied minor cases. It includes sample objection language by case type, standard EOIR-26 appeal grounds, a legal framing cheat sheet for converting factual arguments into legal ones, and practical guidance on due process preservation, courtroom conduct, and building the appellate record.
Practice Advisory: DOJ Interim Final Rule — BIA Appellate Procedures
Published 3/23/26
91 Fed. Reg. 5267 (Feb. 6, 2026) | 8 C.F.R. Parts 1003, 1208, 1240 | Eff. March 9, 2026Status: Partially Vacated — Amica Center v. EOIR, No. 26-696 (RDM) (D.D.C. Mar. 8, 2026)
This advisory analyzes the DOJ's February 2026 Interim Final Rule overhauling Board of Immigration Appeals appellate procedures. It covers which provisions were vacated by the D.C. District Court and which remain in effect — including simultaneous 20-day briefing, elimination of reply briefs, the redefined record-completion clock, and the dramatic increases in BIA filing fees. Includes updated practice recommendations on deadlines, notices of appeal, briefing strategy, and fee waiver requirements.
Practice Advisory: Defective NTAs & In Absentia Removal
Published 4/1/26
Matter of Laparra-Deleon, 29 I&N Dec. 389 (BIA 2026) — Decided December 17, 2025
Matter of Lopez-Orellana, 29 I&N Dec. 533 (BIA 2026) — Decided March 27, 2026
This advisory provides a comprehensive analysis of the law governing defective Notices to Appear and in absentia removal orders, updated through the BIA's March 2026 decision in Matter of Lopez-Orellana. It traces the full line of precedent from Pereira v. Sessions (2018) through Campos-Chaves v. Garland (2024), with detailed holdings for each case. The advisory includes stage-by-stage practical guidance for practitioners with clients in active proceedings and those seeking to reopen in absentia orders, along with strategies for responding to common DHS arguments.
Immigration Practice Advisory: DOS Expands Social Media Vetting
Published 3/31/26
Family & Humanitarian Visa AlertEffective March 30, 2026 | Issued March 31, 2026
Effective March 30, 2026, the Department of State now requires all K-1, K-2, K-3, T, U, S, R-1, R-2, Q, H-3, H-4, A-3, C-3, and G-5 visa applicants to set all social media profiles to public before their consular interview. This is the third DOS social media vetting expansion in less than a year. This advisory covers the specific implications for family immigration and humanitarian practitioners — including safety considerations for T, U, and S visa applicants — and provides an updated practitioner checklist for intake and consular prep workflows.
Non- Appearances in Removal Proceedings
Immigration Practice Advisory: Non-Appearances in Removal proceedings
Published 4/27/26, updated 5/5/2026
Matter of Tepec-Garcia, 29 I&N Dec. 371 (BIA 2025) — Decided 2025
Matter of Bolivar-Bolivar, 29 I&N Dec. 548 (BIA 2026) — Decided 2026
Matter of Laurent Castro, 29 I&N Dec. 419 (BIA 2026) — Decided 2026
Matter of Arana Castillo, 29 I&N Dec. 593 (BIA 2026) — Decided 2026
Matter of Orozco Becerra, 29 I&N Dec. 600 (BIA 2026) — Decided 2026
This practice advisory breaks down four recent BIA decisions shaping how IJs handle non-appearances, offering a clear framework and practical guidance on when termination is permitted and when in absentia proceedings are required
Bars to Asylum
Immigration Court — Bars to Asylum Reference Guide
Published 5/5/26
Asylum • Withholding • CAT
This quick reference guide provides an overview of the various bars to asylum, withholding of removal and protection under the Convention Against Torture.
2025–2026 BIA Reference Guide
Last Updated May 29, 2026
This reference guide summarizes published Board of Immigration Appeals (BIA) decisions issued during 2025–2026. It is intended to serve as a practical litigation resource for immigration practitioners by highlighting key holdings relevant to removal defense, appellate practice, and immigration court proceedings. Please check the publication date to determine how current the information is and to ensure you are relying on the most up-to-date authority.
The spreadsheet format was intentionally left editable and searchable so practitioners can tailor it to their individual needs by adding their own notes, comments, and annotations, while also utilizing filtering and search functions to quickly locate relevant cases and topics. The goal is to create a practical, flexible resource that can evolve with individual practice needs.
Immigration Detention: Bond and Habeas Quick Reference Charts
Last updated 5/21/26
This quick reference guide provides a practical overview of immigration detention bond eligibility and common habeas corpus claims in removal proceedings. The charts summarize key detention statutes, eligibility for bond redetermination hearings, major governing case law, and strategic considerations for both pre-final-order and post-final-order detention challenges. Designed as a practitioner-focused litigation resource, these reference charts provide quick access to commonly litigated detention frameworks, procedural distinctions, and advocacy considerations in immigration court and federal habeas practice.
Discretionary Adjustment of Status After USCIS Policy Memorandum PM-602-0199
Last updated 5/31/26
This practical quick-reference guide helps immigration attorneys navigate USCIS Policy Memorandum PM-602-0199 and its impact on discretionary adjustment of status adjudications. The guide provides a step-by-step screening framework, analyzes the memorandum's key discretionary factors, identifies arguments and statutory exceptions that may limit its application, and offers scenario-based guidance for common adjustment categories, including family-based, employment-based, humanitarian, and special statutory adjustment cases.