All rights reserved |, Sample Motion to Convert Individual Hearing to Master Calendar, Motion for Custody Redetermination New Arrivals, Sample Simple Motion for Telephonic Appearance, Motion to Appear Telephonically (Template), Motion for Bond Re-Determination Bond Reduction, Motion for Bond Hearing Changed Circumstances, Annotated Sample Notice of Appeal to the BIA, Sample BIA Brief, Asylum (credibility, corroboration), Sample BIA Brief, Asylum (direct appeal and remand, pro se respondent), Sample BIA Brief, Asylum (due process, remand, administrative notice), Sample BIA Brief, Asylum (nexus, past persecution, CAT), Sample BIA Brief, Asylum and Withholding of Removal (nexus, internal relocation), Sample Brief, Asylum, Withholding of Removal and CAT (particularly serious crime), Sample BIA Brief, Interlocutory Appeal (venue), Sample BIA Brief, Non-LPR Cancellation of Removal, Sample BIA Brief, Withholding of Removal (DHS appeal). 21-50094: USA v. A Time / Side value of "Subm." CASE No. 12-14048-D ANDRES JIMENEZ-DOMINGO, Rocky Mountain Immigrant Advocacy Network, University of Wisconsin Law School Immigrant Justice Clinic, Copyright 2023 American Immigration Lawyers Association & American Immigration Council. iXJ{+ kIax&. WebExecutive Office for Immigration Review Board of Immigration Appeals Individuals who cooperate with law enforcement may constitute a valid particular social group under the 4 0 obj :F6,+LF*s!Lc~|=eri/VW215mm1ab/nt}|M_ T N slX=`YW2'p%6y@n;;d. 2022; pending): Farhane v. U.S., 20-1666 (filed with 2d Cir. Washington, D.C., 20005. This page contains sample briefs on a range of issues. United States Court of Appeals Fifth Circuit FILED April 25, 2023 hb``` eap ki`fp`SX,`W2KZ,3Y}9Xdyqria[e>K#7S)3y42Dbkt[]9s+g=s=+v^|B But you can continue to fight your case and appeal to the Board of Immigration Appeals (BIA) within 30 days of the decision! endstream endobj startxref Click the New Document option above, then drag and drop the document to the upload area, Board of Immigration Appeals Style Manual A Guide to Drafting Board Decisions The guidance contained in this manual is updated periodically. Appeals Process After a Denied Asylum Application Brief x\[oGv~_z7{'OlD7"`}jH,wnU{`sSK"mQio~O.|spYJtl$\\a^."isuEG`L:`*]gQUrBJK2][I^ As part of the preparation for your clients hearing, you may draft a pre-hearing brief. Contact campaignwebsite@immcouncil.org for additional assistance. zKF1FogQpsY(} [gsXse~C\z}0==-.z%3s!ls43fqlu=DG=2UZUpd%bgJ9RWC :*=] Mr. G- responds with his brief on appeal. You should always consult an attorney regarding your matter. hUmO0+> q"JP D1)z%RTI%i"r|yhgi2e` aYYQi1)Ct&`LZK-Z0x2% Sj%quX] (I'Nj "FC&QZfA(:]KW5C ;T,YUL+>) |AByvuUbN&'I. The Mercer Law School Immigration Appeals Clinic filed an amicus brief on CLINICs behalf on March 11, 2020. All correspondence to the BIA must include a certificate of service to the Office of the Chief Counsel. The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. s5IKD@hBVQ$T]bXU& indicates the case will be submitted on the briefs, "Def." Drafting Asylum Brief - Immigration Justice Campaign document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign Ct. Aug. 13, 2020), , post-conviction relief, NYPL 440.10(1)(h), arbitrary and capricious. I. The amicus brief lays out how the particular social group of Honduran transgender women meets the three-prong test laid out in Matter of M-E-V-G-. 381 0 obj <>stream Appeals The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. Copyright 2023 American Immigration Lawyers Association & American Immigration Council. G{xxTj&+LsuCwCf]Yl3\|4k[eXx*` n6!:|. 27. Board of Immigration Appeals - Immigration Equality in Support of Petitioner. Appeals of decisions on an I-130, Petition for Alien Relative, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer with the office that made the decision on the petition. y-7j75MbbXe^y]Q)j@(<0@x3&\|AJZu~jOyW`F%WO)D!RUsC"D"?iCl=3Ybmp`MP$%{rMa?gz8`2x5<37"Bb'XK@g_y9#!oa .lDVm[w2J"l Q0zCGEZQ)65i}lH'SjDsFL$?G(2Ffk SSbQ;@?IFY0?_e@oo& g4Z8f]K8DQnQ}O4wswyF%6tG5x,vE2n\,jAbNJV$Lulr%C*}O!lEV,"Lj'@H While it is possible to request oral argument, the BIA almost never grants it. You may also wish to download the PDF using the link located above and use your PDF software's available search functions. endstream endobj 352 0 obj <>/Metadata 37 0 R/Pages 349 0 R/StructTreeRoot 56 0 R/Type/Catalog/ViewerPreferences 366 0 R>> endobj 353 0 obj <>/MediaBox[0 0 612 792]/Parent 349 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 354 0 obj <>stream WebMEMORANDUM OF LAW IN SUPPORT OF APPLICATION FOR CANCELLATION OF REMOVAL FOR CERTAIN PERMANENT RESIDENTS AND WITHHOLDING OF REMOVAL I. They can request one adjournment for good cause, which will give them an additional 21 days to file the brief. If the attorney does intend to represent the applicant on the BIA appeal, they must submit a new Notice of Appearance form (Form EOIR-27, seehttp://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir27.pdf). [2:19-cv-00632-MCE-AC] Civil: E. WebBIA appeal process and beyond to the circuit court. Corroborating Client-Specific Documents, 30. petitions for review of a decision of the Board of Immigration Appeals (BIA) _____ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. &Kib}S|V7Xs`UeoUF0H{MWIQ 22-524 in part and remand Elizaldes asylum claim to the BIA. %PDF-1.3 WebAmici curiae are thirty-five former immigration judges and members of the Board of Immigration Ap-peals (BIA or Board).2 Amici curiae have dedicated their careers to the immigration court system and to upholding the immi-gration laws of the United States. XR3lQI``a`c`i J- w jWsP($30!.!|do;Daf`qH - WuC9T] J Web 1252(a)(1). , categorical approach, realistic probability, endangering the welfare of a child, child abuse, NYPL 260.10(1). 66 0 obj <>/Filter/FlateDecode/ID[<9BE4B65C48A8B1540751C2771227D803><0B7CE2767B1C7F46B727A828E16B0951>]/Index[60 17]/Info 59 0 R/Length 53/Prev 61340/Root 61 0 R/Size 77/Type/XRef/W[1 2 1]>>stream in Support of Petitioner, Appendix to Amicus Brief of IDP et al. Ag-s~gwygm`!Ubb'Q,noG+gef0O\^VOE 6qV;AZ|o?xWMeUlcUBek|3-wes1O] On November 1, 2005, he entered the United States without being admitted or paroled and was apprehended and placed in removal proceedings. The Notice of Appeal (EOIR-26, seehttp://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir26.pdf) is a relatively straightforward form, but the grounds of appeal must be stated sufficiently to avoid summary dismissal. It should also be sent by certified mail return receipt requested or via Federal Express or other overnight delivery service. The BIA has limited fact-finding ability on appeal, which heightens the need for IJs to include in their decisions clear and complete findings of fact that are supported by the record and are in compliance with controlling law. Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. An official website of the United States government. Immigration: BIA: 10 min: 21-50304: A Time / Side value of "Subm." Sample bia brief All rights reserved. 22-15931: Burt Camenzind v. California Exposition and State Fair - An appeal from the district court's summary judgment in favor of defendants in an action alleging that plaintiff's free speech rights were violated when he was ejected from California's state fairgrounds and threatened with arrest for leafleting. 2017) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, Gutierrez v. Sessions, 887 F.3d 770 (6th Cir. Obtaining an Employment Authorization Document, http://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir26.pdf, http://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir27.pdf, (917) 654-9696 | M-W 9:30 - 5:30pm & Th 1:00 - 5:30pm. Contact campaignwebsite@immcouncil.org for additional assistance. Appeals APR 28 2023 MOLLY C. DWYER, CLERK U.S. COURT OF %%EOF Matter of E-R-A-L-, Respondent It is wise to make all briefs and motions as concise as possible: the decision-maker will likely form an opinion on %PDF-1.7 % 2018; pending) counsel David Debold (of Gibson Dunn), motion to reconsider, categorical approach, aggravated felony, controlled substance offense, equitable tolling, Harbin, NYPL 220.31, Matthews v. Sessions (2d Cir. Thomas Hutchins, Esq. DETAINED Immigrant and Refugee Decision of Immigration Judge Douglas Schoppert, A-XXX-XXX-XXX (N.Y. Imm. 1003.1(e)(6). Amicus briefs filed with BIA challenging changes to modified categorical approach in light of Pereida v. Wilkinson (filed BIA 2021;pending) Pereida, modified categorical approach: Amicus Brief filed with BIA challengingMatter of Pickering and advocating for fuller recognition of post-conviction relief (filed with BIA 2021;pending) Pickering, post-conviction relief, statutory interpretation, federalism canon, Immigration Judge and Board of Immigration Appeals decisions concerning overbreadth in New York firearms cases NYPL Article 265, realistic probability, antique firearms, Amicus Brief filed with USCIS in Support of Petition for U-Nonimmigrant Status U-visa, arrest records, discretionary denial, Amicus Brief filed with BIA in Support of Eligibility for 212(c) Relief (filed with BIA 2018; pending) 212(c), twin pillars, CIMT, Judulang, Supplemental Brief in Support of Statutory Motion to Reconsider and Terminate or Remand (in Light of Pereira v. Sessions) (filed with BIA, July 2018) motion to reconsider, equitable tolling, Pereira, cancellation of removal, stop-time, Statutory Motion to Reconsider and Terminate in Light of Sessions v. Dimaya (and Pereira v. Sessions) (filed with the Houston Immigration Court, July 2018) counsel Ronaldo Rauseo-Ricupero (of Nixon Peabody), motion to reconsider, aggravated felony, equitable tolling, categorical approach, crime of violence, Statutory Motion to Reconsider and Terminate in Light of Obeya v. Sessions (filed with BIA March 2018) motion to reconsider, petit larceny, 155.25, CIMT, retroactivity, equitable tolling, Statutory Motion to Reconsider and Terminate in Light of Harbin v. Sessions (filed with BIA July 2017) motion to reconsider, aggravated felony, controlled substance offense, equitable tolling, NYPL 220.31, Mohamed v. Sessions, 727 F. Appx 32 (2d Cir. Copyright 2023 American Immigration Lawyers Association & American Immigration Council. Because asylum cases are very resource and labor intensive, NIJC typically 2018; pending en banc) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, conspiracy, expungement, CPC 182(a)(1), Cruz Tellez v. Sessions (5th Cir. 22-524 in part and remand Elizaldes asylum claim to the BIA. review of the Board of Immigration Appealss (BIA) order adopting the Immigration Judges (IJ) adverse credibility determination and denial of his governor would tell him to leave the country after such a brief exchange. Filing the Notice of Appeal automatically stays the removal order until the final decision by the BIA. In 2014, the Board of Immigration Appeals (BIA), the highest administrative body responsible for interpreting and applying federal immigration laws, held that a particular social group must have three characteristics. APR 27 2023 MOLLY C. DWYER, CLERK U.S. COURT OF %%EOF counsel David Debold (of Gibson Dunn), motion to reconsider, categorical approach, aggravated felony, controlled substance offense, equitable tolling, Motion to Reconsider and Terminate (filed with the BIA, July 2017). %PDF-1.7 % When there is an appeal pending before the BIA, it can consider APR 28 2023 MOLLY C. DWYER, CLERK U.S. COURT OF 1331 G St. NW, Suite 200 would grant the petition in Case No. The information contained herein is for reference only and may not be up to date. JnG~uPs"WUc\+? Briefs and Decisions - Immigrant Defense Project Ct. Dec. 7, 2021). 3T;--ZNzm LJ @l:Feb~.f You notify the Board of Immigration Appeals of the appeal This is done by completing Form EOIR-26 from the EOIR website, preparing a copy of the immigration court's asylum denial, and submitting Form EOIR-27 if you are represented by counsel (strongly recommended). It is well-established that where the BIA has not made a United States Court of Appeals Fifth Circuit FILED April 25, 2023 WebSAMPLE Motion to Reconsider with the BIA [If applicable: DETAINED] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW _____, hereby seeks reconsideration of this case in light of the Board of Immigration Appeals (BIA or Board) recent precedent decision in Matter of Abdelghany, 26 I&N Dec.