A Comprehensive Framework for Challenging ACA-Based Pretermission Orders Before the BIA and Preserving Issues for Federal Court Review.
Included Bonus:
A sanitized sample BIA brief from one of my own filed ACA appeals, showing how I applied this methodology in practice. Identifying information has been removed, but the legal structure, strategy, and drafting approach have been preserved.
ACA cases are moving fast. DHS files a motion, cites a Federal Register notice, cites Matter of C-I-G-M- and Matter of A-C-M-, and many attorneys feel like the case is already over.
I don’t think that’s the right way to approach these cases.
This toolkit grew out of my own ACA litigation. While researching and briefing these appeals, I found that many attorneys were treating ACA cases as settled simply because a regulation exists or because the Board issued a precedent decision. That’s not how I read cases.
When I analyze an ACA appeal, I ask:
What exactly did DHS prove?
What exactly did the Immigration Judge find?
What did the Board actually decide?
What did the Board merely assume?
Which issues are still open?
Which arguments belong at the BIA?
Which arguments need to be preserved for federal court?
This toolkit is my attempt to answer those questions in a structured way.
Inside, you’ll find a framework for analyzing ACA cases, breaking down Matter of C-I-G-M- and Matter of A-C-M-, identifying viable appellate issues, distinguishing adverse precedent, preserving arguments for federal court review, and building a stronger record for appeal.
The toolkit includes:
ACA Litigation Roadmap
Coverage and Applicability Analysis
Burden Mapping
Board vs. Circuit Strategy
Drafting Modules
Filing-Ready Argument Language
Fifth Circuit Supplement
A Walkthrough Showing How I Am Building One of My Own ACA Appeals
This is not a collection of guaranteed winning arguments.
Some of these arguments are Board arguments.
Some are preservation arguments.
Some may ultimately lose.
But I believe attorneys should understand why an argument wins, why it loses, where precedent actually binds, and where there is still room to litigate.
The goal of this toolkit is not to tell you what to think.
The goal is to show you how I think through an ACA appeal so you can evaluate the record, identify viable issues, and make strategic decisions in your own cases.
This product will continue to be updated as significant ACA decisions are issued. Existing purchasers will receive substantive updates at no additional cost whenever practicable.
Yara Library Litigation Series
Version 1.0
A Comprehensive Framework for Challenging ACA-Based Pretermission Orders Before the BIA and Preserving Issues for Federal Court Review.
Included Bonus:
A sanitized sample BIA brief from one of my own filed ACA appeals, showing how I applied this methodology in practice. Identifying information has been removed, but the legal structure, strategy, and drafting approach have been preserved.
ACA cases are moving fast. DHS files a motion, cites a Federal Register notice, cites Matter of C-I-G-M- and Matter of A-C-M-, and many attorneys feel like the case is already over.
I don’t think that’s the right way to approach these cases.
This toolkit grew out of my own ACA litigation. While researching and briefing these appeals, I found that many attorneys were treating ACA cases as settled simply because a regulation exists or because the Board issued a precedent decision. That’s not how I read cases.
When I analyze an ACA appeal, I ask:
What exactly did DHS prove?
What exactly did the Immigration Judge find?
What did the Board actually decide?
What did the Board merely assume?
Which issues are still open?
Which arguments belong at the BIA?
Which arguments need to be preserved for federal court?
This toolkit is my attempt to answer those questions in a structured way.
Inside, you’ll find a framework for analyzing ACA cases, breaking down Matter of C-I-G-M- and Matter of A-C-M-, identifying viable appellate issues, distinguishing adverse precedent, preserving arguments for federal court review, and building a stronger record for appeal.
The toolkit includes:
ACA Litigation Roadmap
Coverage and Applicability Analysis
Burden Mapping
Board vs. Circuit Strategy
Drafting Modules
Filing-Ready Argument Language
Fifth Circuit Supplement
A Walkthrough Showing How I Am Building One of My Own ACA Appeals
This is not a collection of guaranteed winning arguments.
Some of these arguments are Board arguments.
Some are preservation arguments.
Some may ultimately lose.
But I believe attorneys should understand why an argument wins, why it loses, where precedent actually binds, and where there is still room to litigate.
The goal of this toolkit is not to tell you what to think.
The goal is to show you how I think through an ACA appeal so you can evaluate the record, identify viable issues, and make strategic decisions in your own cases.
This product will continue to be updated as significant ACA decisions are issued. Existing purchasers will receive substantive updates at no additional cost whenever practicable.
Yara Library Litigation Series
Version 1.0
