Immigration Court Master Hearing Brief: Step-by-Step Guide

An immigration paralegal is often involved in the handling of some of the most significant cases taking place in the United States. Over the past several years, there has been an unprecedented number of removal proceedings. Therefore, it is now critical to have an accurate understanding of how to produce a court master hearing brief.

Immigration court master hearing briefs are not just procedural documents. Instead, their production demonstrates that the respondent in removal proceedings has competent counsel, as well as an accurate and valid case to present at the hearing.

Step 1: Learn What the Master Hearing Brief Entails

A good first step would be to clearly understand what it entails. In essence, it is a procedural document, which should serve as a procedural roadmap for the immigrant and help provide sufficient notice for the judge. Generally, it will contain the following pieces of information:

• Respondent's complete Alien Registration Number (A-Number)

• Grounds for initiating removal proceedings

• Type of relief requested

• Indication that the respondent's case has adequate representation

It is crucial not to confuse an immigration court master hearing brief with the merits brief. Trying to submit the entire case at this stage is a common mistake made by many practitioners.

Step 2: Gather Necessary Information for the Brief

To start drafting the document, the paralegal will need to collect all necessary information. Namely, these materials include:

• Notice to Appear (NTA) the document that officially charges the respondent with removable offense(s)

• The order(s) of previous court hearings

• Client's asylum application (Form I-589), if applicable

• Other relevant forms for the relief being sought

• Exhibits, personal declarations, and country condition reports supporting the case

After collecting these materials, the paralegal should compare all documents with the NTA. Inconsistent information should be highlighted and brought to the attention of the supervising attorney since it could lead to serious credibility issues.

Step 3: Draft the Body of the Brief

A well-written document helps the judge to get information on the respondent's case quickly and accurately. In essence, it provides a template for the court to see what information needs to be looked into. For instance, the immigration court master hearing brief should contain:

• Caption: the client's full name, the A-Number, the hearing location and date, and the presiding judge's name

• Jurisdictional statement

• Statement of facts (See Step 4)

• Relief sought, including legal citation(s) if available

• History of proceedings

• Outline of the evidentiary items submitted, and the witnesses that will appear in court

• Overview of the case (without analyzing legal positions)

• Concluding request.

Step 4: Produce the Statement of Facts

One of the most critical elements of the immigration court master hearing brief is the statement of facts. These statements will be carefully analyzed by the court, as well as opposed by opposing counsel. To produce an effective statement of facts, the paralegal should do the following:

• Start with discussing the initial arrival of the respondent to the United States and then proceed chronologically

• Mention all dates when describing events

• Use the language of the client's personal statement but avoid reproducing its wording verbatim

• Discuss the situation in the country of origin to support the claim for relief

• Consider whether any of the facts may undermine the credibility of the respondent

All of this information should be aligned between the brief, the client's personal statement, and other exhibits. This way, internal inconsistency will be avoided.

Step 5: Prepare the Exhibits

Disorganized exhibits may result in unnecessary delays or other complications in court. To make sure the exhibits are properly prepared, follow these steps:

• Label each exhibit with a number and produce a master list with a short description of each item

• Prepare copies of exhibits for the court, ICE counsel, and paralegal's client file

• Highlight or annotate the most pertinent passages in country condition reports

• Make sure all translated documents contain the proper certification

• Check that exhibits are readable and complete

Step 6: Proofread and Review

Before presenting the brief to the supervising attorney for approval, make sure it meets the following criteria:

• All INA and CFR citations are provided correctly

• The correct Alien Registration Number and case number are used throughout the brief

• Date mentioned in the brief coincide with the dates in the personal statement and the exhibits

• The document is written according to the formatting guidelines of the respective immigration court

Step 7: Submit the Document and Serve It to Opposing Counsel

Every court has different filing deadlines. Nevertheless, in most cases, filings should be submitted at least five business days before the hearing. To ensure compliance, refer to the local operating procedures of the relevant immigration court or contact the court clerk for the applicable deadline.

For example, here's what should be done:

• Prepare the requisite number of copies one for the court, one for ICE counsel, and another one to put in the client's file

• Submit the brief according to the specified procedure: in person, electronically, or by fax

• Officially serve ICE counsel according to local operating procedures

• Keep proof of service for the file

Common Errors in the Preparation of Immigration Court Master Hearing Briefs

Although the above guide outlines major steps in producing the document, paralegals may still make mistakes. Below are some of the most common ones:

• Failing to mention the A-number in the caption

• Submitting the merits brief instead of the master hearing brief

• Mentioning outdated (more than 24-month old) country condition reports

• Not anticipating credibility issues

• Missing the filing deadline because of being unfamiliar with the local procedures

Internal Linking Opportunities

• How to File Form I-589

• Types of Immigration Court Hearings and Their Importance

• Best Paralegal Practices in Removal Proceedings

Key Citations

Paralegals should know how to cite the following legal sources while preparing an immigration

court master hearing brief:

• INA § 208

• INA § 240A

• INA § 245

• 8 C.F.R. § 1003.31

• EOIR Practice Manual

FAQs

Is there a difference between the master hearing brief and the merits brief?

The master hearing brief is only a procedural document, whereas the merits brief is an extensive legal argument with exhibits. While preparing the document, it should be the paralegal's task, and not vice versa.

When should a brief be filed?

In most courts, this should happen at least five business days before the hearing. However, it is always better to ask the court clerk or review the local operating procedures of the court for more information on the matter.

Who can file an immigration court master hearing brief?

As with any court filing, paralegals should not try to file and/or sign the document without the attorney's permission. An exception to this rule may be the situation when the attorney instructs the paralegal to take care of the document. Otherwise, it would constitute the unauthorized practice of law.

What if the brief and the statement are inconsistent?

This could significantly reduce the credibility of the case. Therefore, if the paralegal notices any discrepancy, he or she should notify the supervising attorney about it.

What country condition reports can be used in removal proceedings?

Judges prefer to use information about conditions in the country of origin that was provided by the U.S. Department of State, UNHCR, and reliable human rights organizations such as Human Rights Watch and Amnesty International. Also, country condition reports cannot be older than 24 months.

Conclusion

Being prepared to write an immigration court master hearing brief is essential for paralegals in the age of removal proceedings. Since this type of proceeding has become extremely popular lately, producing an accurate brief will significantly help to increase the respondent's chances of succeeding in court.