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.
Featured Advisories
Appeal Preservation Quick Reference Card
Immigration Court — Appeal Preservation Quick Reference Card
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.
BIA Interim Final Rule — Practice Advisory
Practice Advisory: DOJ Interim Final Rule — BIA Appellate Procedures
91 Fed. Reg. 5267 (Feb. 6, 2026) | 8 C.F.R. Parts 1003, 1208, 1240 | Eff. March 9, 2026 Status: 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.
Defective NTAs & In Absentia Removal
Practice Advisory: Defective NTAs & In Absentia Removal
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
Family & Humanitarian Visa Alert Effective 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.