Pre-Hearing Briefs in the United States

Pre-Hearing Briefs in relation to Immigration Courts

(information based on the DoJ Manual)

Generally

An Immigration Judge may order the parties to file pre-hearing briefs. Parties are encouraged to file pre-hearing briefs even if not ordered to do so by the Immigration Judge. Parties are also encouraged to file pre-hearing statements to narrow and reduce the legal and factual issues in dispute. See (in this American law platform, in relation to immigration courts and judges) Pre-hearing statements.

Guidelines

Pre-hearing briefs advise the Immigration Judge of a party’s positions and arguments on questions of law. A well-written pre-hearing brief is in the party’s best interest and is of great importance to the Immigration Judge. Pre-hearing briefs should be clear, concise, and well-organized. They should cite the record, as appropriate. Pre-hearing briefs should cite legal authorities fully, fairly, and accurately. Pre-hearing briefs should always recite those facts that are appropriate and germane to the adjudication of the issue(s) at the individual calendar hearing. They should cite proper legal authority, where such authority is available. See (in this American law platform, in relation to immigration courts and judges) below. Pre-hearing briefs should not belabor facts or law that are not in dispute. Parties are encouraged to expressly identify in their pre-hearing briefs those facts or law that are not in dispute. There are no limits to the length of pre-hearing briefs. Parties are encouraged, however, to limit the body of their briefs to 25 pages, provided that the issues in question can be adequately addressed. Pre-hearing briefs should always be paginated.

Format

Filing

Pre-hearing briefs should be filed with a cover page with an appropriate label (e.g., “RESPONDENT’s PRE-HEARING BRIEF”), 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. Pre-hearing briefs must be signed by the respondent, the respondent’s primary attorney (notice attorney) or representative, or the representative of the Department of Homeland Security. See (in this American law platform, in relation to immigration courts and judges) Signatures. See (in this American law platform, in relation to immigration courts and judges) also Appearances before the Immigration Court.

Contents

Unless otherwise directed by the Immigration Judge, the following items should be included in a pre-hearing brief:

• a concise statement of facts
• a statement of issues
• a statement of the burden of proof
• a summary of the argument
• the argument
• a short conclusion stating the precise relief or remedy sought.

Statement of facts

Statements of facts in pre-hearing briefs should be concise. Facts should be set out clearly. Points of contention and points of agreement should be expressly identified. Facts, like case law, require citation. Parties should support factual assertions by citing to any supporting documentation or exhibits, whether in the record or accompanying the brief. See (in this American law platform, in relation to immigration courts and judges) below. Do not misstate or misrepresent the facts, or omit unfavorable facts that are relevant to the legal issue. A brief’s accuracy and integrity are paramount to the persuasiveness of the argument and the decision regarding the legal issue(s) addressed in the brief.

Footnotes

Substantive arguments should be restricted to the text of pre-hearing briefs. The excessive use of footnotes is discouraged.

Headings and other markers

Pre-hearing briefs should employ headings, sub-headings, and spacing to make the brief more readable. Short paragraphs with topic sentences and proper headings facilitate the coherence and cohesiveness of arguments.

Chronologies

Pre-hearing briefs should contain a chronology of the facts, especially where the facts are complicated or involve several events. Charts or similar graphic representations that chronicle events are welcome. See (in this American law platform, in relation to immigration courts and judges) Sample Criminal History Chart.

Consolidated pre-hearing briefs

Where cases have been consolidated, one pre-hearing brief may be submitted on behalf of all respondents in the consolidated proceeding, provided that each respondent’s full name and Alien (person who is not a citizen or national of the United States) registration number (“A number”) appear on the consolidated pre-hearing brief. See (in this American law platform, in relation to immigration courts and judges) Combining and Separating Cases.

Responses to pre-hearing briefs

When a party files a pre-hearing brief, the other party may file a response brief. A response brief should be filed with a cover page with an appropriate label (e.g., “DHS RESPONSE TO PRE-HEARING BRIEF”), 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. Response briefs should comply with the guidelines for pre-hearing briefs set forth above.

Citation

Parties are expected to provide complete and clear citations to all factual and legal authorities. Parties should comply with the citation guidelines in the Citation Guidelines entry.

Pre-Hearing Briefs in relation to Immigration Courts

(information based on the DoJ Manual)

Generally

An Immigration Judge may order the parties to file pre-hearing briefs. Parties are encouraged to file pre-hearing briefs even if not ordered to do so by the Immigration Judge. Parties are also encouraged to file pre-hearing statements to narrow and reduce the legal and factual issues in dispute. See (in this American law platform, in relation to immigration courts and judges) Pre-hearing statements.

Guidelines

Pre-hearing briefs advise the Immigration Judge of a party’s positions and arguments on questions of law. A well-written pre-hearing brief is in the party’s best interest and is of great importance to the Immigration Judge. Pre-hearing briefs should be clear, concise, and well-organized. They should cite the record, as appropriate. Pre-hearing briefs should cite legal authorities fully, fairly, and accurately. Pre-hearing briefs should always recite those facts that are appropriate and germane to the adjudication of the issue(s) at the individual calendar hearing. They should cite proper legal authority, where such authority is available. See (in this American law platform, in relation to immigration courts and judges) below. Pre-hearing briefs should not belabor facts or law that are not in dispute. Parties are encouraged to expressly identify in their pre-hearing briefs those facts or law that are not in dispute. There are no limits to the length of pre-hearing briefs. Parties are encouraged, however, to limit the body of their briefs to 25 pages, provided that the issues in question can be adequately addressed. Pre-hearing briefs should always be paginated.

Format

Filing

Pre-hearing briefs should be filed with a cover page with an appropriate label (e.g., “RESPONDENT’s PRE-HEARING BRIEF”), 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. Pre-hearing briefs must be signed by the respondent, the respondent’s primary attorney (notice attorney) or representative, or the representative of the Department of Homeland Security. See (in this American law platform, in relation to immigration courts and judges) Signatures. See (in this American law platform, in relation to immigration courts and judges) also Appearances before the Immigration Court.

Contents

Unless otherwise directed by the Immigration Judge, the following items should be included in a pre-hearing brief:

• a concise statement of facts
• a statement of issues
• a statement of the burden of proof
• a summary of the argument
• the argument
• a short conclusion stating the precise relief or remedy sought.

Statement of facts

Statements of facts in pre-hearing briefs should be concise. Facts should be set out clearly. Points of contention and points of agreement should be expressly identified. Facts, like case law, require citation. Parties should support factual assertions by citing to any supporting documentation or exhibits, whether in the record or accompanying the brief. See (in this American law platform, in relation to immigration courts and judges) below. Do not misstate or misrepresent the facts, or omit unfavorable facts that are relevant to the legal issue. A brief’s accuracy and integrity are paramount to the persuasiveness of the argument and the decision regarding the legal issue(s) addressed in the brief.

Footnotes

Substantive arguments should be restricted to the text of pre-hearing briefs. The excessive use of footnotes is discouraged.

Headings and other markers

Pre-hearing briefs should employ headings, sub-headings, and spacing to make the brief more readable. Short paragraphs with topic sentences and proper headings facilitate the coherence and cohesiveness of arguments.

Chronologies

Pre-hearing briefs should contain a chronology of the facts, especially where the facts are complicated or involve several events. Charts or similar graphic representations that chronicle events are welcome. See (in this American law platform, in relation to immigration courts and judges) Sample Criminal History Chart.

Consolidated pre-hearing briefs

Where cases have been consolidated, one pre-hearing brief may be submitted on behalf of all respondents in the consolidated proceeding, provided that each respondent’s full name and Alien (person who is not a citizen or national of the United States) registration number (“A number”) appear on the consolidated pre-hearing brief. See (in this American law platform, in relation to immigration courts and judges) Combining and Separating Cases.

Responses to pre-hearing briefs

When a party files a pre-hearing brief, the other party may file a response brief. A response brief should be filed with a cover page with an appropriate label (e.g., “DHS RESPONSE TO PRE-HEARING BRIEF”), 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. Response briefs should comply with the guidelines for pre-hearing briefs set forth above.

Citation

Parties are expected to provide complete and clear citations to all factual and legal authorities. Parties should comply with the citation guidelines in the Citation Guidelines entry.