Pre-Hearing Conferences in the United States
Pre-Hearing Conferences and Statements in relation to Immigration Courts
(information based on the DoJ Manual)
Pre-hearing conferences
Pre-hearing conferences are held between the parties and the Immigration Judge to narrow issues, obtain stipulations between the parties, exchange information voluntarily, and otherwise simplify and organize the proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.21(a). Pre-hearing conferences may be requested by a party or initiated by the Immigration Judge. A party’s request for a pre-hearing conference may be made orally or by written motion. If in writing, the motion should be filed with a cover page labeled “MOTION FOR A PRE-HEARING CONFERENCE,” and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court. Even if a pre-hearing conference is not held, the parties are strongly encouraged to confer prior to a hearing in order to narrow issues for litigation. Parties are further encouraged to file pre-hearing statements following such discussions. See (in this American law platform, in relation to immigration courts and judges) below.
Pre-hearing statements
An Immigration Judge may order the parties to file a pre-hearing statement See 8 C.F.R. § 1003.21(b). Parties are encouraged to file a pre-hearing statement even if not ordered to do so by the Immigration Judge. Parties also are encouraged to file pre-hearing briefs addressing questions of law. See (in this American law platform, in relation to immigration courts and judges) Pre-Hearing Briefs.
Filing
A pre-hearing statement should be filed with a cover page with an appropriate label (e.g., “PARTIES’ PRE-HEARING STATEMENT”), and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court.
Contents of a pre-hearing statement
In general, the purpose of a pre-hearing statement is to narrow and reduce the factual and legal issues in advance of an individual calendar hearing. For example, a pre-hearing statement may include the following items:
- a statement of facts to which both parties have stipulated, together with a statement that the parties have communicated in good faith to stipulate to the fullest extent possible
- a list of proposed witnesses and what they will establish
- a list of exhibits, copies of exhibits to be introduced, and a statement of the reason for their introduction
- the estimated time required to present the case
- a statement of unresolved issues in the proceeding.
See 8 C.F.R. § 1003.21(b).
Pre-Hearing Conferences and Statements in relation to Immigration Courts
(information based on the DoJ Manual)
Pre-hearing conferences
Pre-hearing conferences are held between the parties and the Immigration Judge to narrow issues, obtain stipulations between the parties, exchange information voluntarily, and otherwise simplify and organize the proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.21(a). Pre-hearing conferences may be requested by a party or initiated by the Immigration Judge. A party’s request for a pre-hearing conference may be made orally or by written motion. If in writing, the motion should be filed with a cover page labeled “MOTION FOR A PRE-HEARING CONFERENCE,” and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court. Even if a pre-hearing conference is not held, the parties are strongly encouraged to confer prior to a hearing in order to narrow issues for litigation. Parties are further encouraged to file pre-hearing statements following such discussions. See (in this American law platform, in relation to immigration courts and judges) below.
Pre-hearing statements
An Immigration Judge may order the parties to file a pre-hearing statement See 8 C.F.R. § 1003.21(b). Parties are encouraged to file a pre-hearing statement even if not ordered to do so by the Immigration Judge. Parties also are encouraged to file pre-hearing briefs addressing questions of law. See (in this American law platform, in relation to immigration courts and judges) Pre-Hearing Briefs.
Filing
A pre-hearing statement should be filed with a cover page with an appropriate label (e.g., “PARTIES’ PRE-HEARING STATEMENT”), and comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court.
Contents of a pre-hearing statement
In general, the purpose of a pre-hearing statement is to narrow and reduce the factual and legal issues in advance of an individual calendar hearing. For example, a pre-hearing statement may include the following items:
- a statement of facts to which both parties have stipulated, together with a statement that the parties have communicated in good faith to stipulate to the fullest extent possible
- a list of proposed witnesses and what they will establish
- a list of exhibits, copies of exhibits to be introduced, and a statement of the reason for their introduction
- the estimated time required to present the case
- a statement of unresolved issues in the proceeding.
See 8 C.F.R. § 1003.21(b).