COMMENTARY ON LEGAL PRACTICE AND WRITING
These posts are not updated and are not a statement of current law.
Keep Your Eyes on This...
Change is afoot in the world of immigration law. Read on to see what could be coming down the pike.
The BIA returns to the 20th *UPDATED* 21st century (again)
Earlier this year, I wrote an excited post about the Board of Immigration Appeals (BIA): they joined us in the 21st century by enabling email filing of appeal briefs. Well, it appears the BIA has now returned to the 20th century. Click through to read my update.
Appeal Tip: Take Your Time
I recently shared an appeal tip in the newsletter—called the Mother Court—published by the Federal Bar Association, SDNY Chapter. Click through to see what it is.
There is a new rule you need to think about.
There’s a new rule in town: New York Supreme Court now has a word count limit for all filings (motions, orders to show cause, trial memos). Click below to learn more about how to comply.
What should you do if the judge grants your motion for a bad reason?
Sometimes an order in your favor is not so easy to defend on appeal. Read on for a tricky situation I found myself in recently, and what I did to win the appeal.
Humans are not aliens.
Biden wants to eliminate the word “alien” from U.S. immigration laws. It’s about time. Read on to see why.
What do handwritten orders have to do with apple pie?
In New York state courts, handwritten orders are as common as apple pie. In this ~4 minute video I tell you why in the appeals context handwritten orders are like recipes for apple pie (hint: they are difficult to follow without all of the ingredients).
Did you miss an appeal e-filing deadline in New York?
In this ~5 minute video I explain how to avoid a mistake I have been seeing a lot of lawyers make in e-filed appeals in New York.
Law Imitates Art?
It’s often said that life imitates art, but can law imitate art? I’ve created some wall worthy art in my writing process. Click through to see.
Mandatory e-filing in the New York Appellate Division, First Department
The Appellate Division, First Department now requires all matters originating in New York or Bronx county to be e-filed. What does it mean for you as an attorney for the appellant or respondent? Check out my post to find out.
What happens when a lawyer is a class action member?
Once I was included as a member of a class action lawsuit against Facebook. I was not pleased, as you will see in the objection I filed in the case. Keep reading for a display of feisty writing not often seen by lawyers.
#1 pro-tip for lawyers who write briefs.
In a short video, I tell you my #1 pro-tip for lawyers who write briefs in state or federal courts. Be sure to watch to the end where I tell you what you can do to make sure you implement it in your briefs.
When should you file a motion to reargue? The answer might surprise you, but it'll save your time and your client's money!
Do you know when it’s a good idea to make a motion to reargue? Too many lawyers make a BIG mistake when deciding whether it’s in their client’s best interest. Click through to watch my video where I tell you how you can make the right decision, which will save your time and your client’s money. (I promise you’ll learn a lot and get a chuckle out of it, too).
How to help your client defend a favorable order on appeal.
You won a motion for your client, now you need to make sure they can successfully defend it on appeal. In this video I share a pro-tip that will help you help your client by avoiding a common pitfall.
The best time to talk to an appellate attorney about your client's immigration appeal.
Do you know the best time to talk to an appellate attorney about your clients’ immigration appeal (whether to the Board of Immigration Appeals or the Circuit Court)? Watch this video where I tell you when is the best time and why.
Oral argument pro tip: show your face.
Don’t be in the dark during your next oral argument on Zoom or Skype. Do this instead.
Litigators: save your appeal arguments with this trick.
I know a simple trick that will help all litigators avoid a serious issue with their appeal. Click through to watch my short (~3 min) video about it.
Make sure your BIA arguments are reviewable.
Many immigration lawyers are caught unawares that the arguments they raised in their Board of Immigration Appeals (BIA) brief are not reviewable by the Circuit Court. Keep reading to see how this trap arises and what you can do about it.
The best advice for lawyers during the coronavirus pandemic.
The coronavirus pandemic is wreaking havoc on laws, rules, and regulations. How are they affecting your clients? Watch my short video to find out what you should be doing now to help them.
The Supreme Court's first telephonic oral argument was underwhelming.
The Supreme Court of the United States had its first oral argument by telephone. It was hyped as a landmark, but it was underwhelming. Here’s why.

