Chapter 14 - Pre-Hearing Conferences

Immigration judges hold pre-hearing conferences with the parties to narrow issues, obtain stipulations between the parties, exchange information voluntarily, and otherwise simplify and organize the proceeding. Pre-hearing conferences create efficiencies through the resolution of matters prior to in-court hearings, which results in less time on the court’s docket. These conferences are particularly valuable for representatives who may have limited experience in immigration proceedings and for pro bono representatives who face unique time and resource constraints. Pre-hearing conferences may be requested by a respondent’s representative, by DHS, or initiated by the immigration judge. Attendance at pre-hearing conferences is mandatory for both parties. The parties should confer in advance of the pre-hearing conference. Even if a pre-hearing conference is not held, the parties are strongly encouraged to confer prior to a hearing to narrow issues for litigation and enhance the efficiency of merits hearings. Parties are further encouraged to file pre-hearing statements and briefs following such discussions. For more information on pre-hearing conferences, please see Chapter 4.18 of the Immigration Court Practice Manual (Hearings before the Immigration Judges).

Motion for a Pre-Hearing Conference

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. For information on deadlines and requirements for filing, please see Chapter 3 of the Immigration Court Practice Manual (Filing with the Immigration Court) and Appendix E (Cover Pages).

Format of a Pre-Hearing Conference

Both parties are required to attend the pre-hearing conference. The parties are encouraged to confer in advance of the pre-hearing conference. At the pre-hearing conference, the parties will have the opportunity to engage in a candid discussion with the aim of narrowing the issues in the case.

Discussion Topics for a Pre-Hearing Conference

The parties should make best efforts in pre-hearing discussions to narrow the issues, limit testimony, and stipulate to uncontested issues of law or fact. In addition to addressing specific issues identified by the immigration judge, the following topics may be discussed:

• Whether the respondent is an enforcement priority;
• Whether the respondent is eligible for prosecutorial discretion;
• Whether administrative closure is appropriate;
• Any objections to evidence or stipulations;
• Deficiencies in the record or application; and
• Eligibility for the relief sought. Pre-hearing conferences are not forums for litigation, and the respondent may not provide testimony or submit to cross examination.

Pre-Hearing Statement

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. 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. A pre-hearing statement may include a statement of facts to which both parties have stipulated, a list of proposed witnesses and what they will establish, a list of exhibits and a statement of the reason for their introduction, estimated time required to present the case, and a statement of unresolved issues in the proceeding. 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 Chapter 3 (Filing with the Immigration Court), Appendix E (Cover Pages). For more information about pre-hearing statements, please see Chapter 4.18(b).

Pre-Hearing Brief

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. Pre-hearing briefs advise the immigration judge of a party’s positions and arguments on questions of law. Pre-hearing briefs should be no more than 25 pages long, clear, concise, and well-organized. They should cite to 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. Pre-hearing briefs should not belabor facts or law that are not in dispute. In general, a pre-hearing brief should include a concise statement of facts, a statement of issues, a statement of the burden of proof, a summary of the argument, and a short conclusion stating the precise relief or remedy sought. 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 Chapter 3 (Filing with the Immigration Court), Appendix E (Cover Pages). Pre-hearing briefs must be signed by a pro se respondent, a respondent’s practitioner of record, or a representative of the Department of Homeland Security. See Chapter 3.3(b) (Signatures). See also Chapter 2 (Appearances before the Immigration Court). For more information about pre-hearing briefs, please see Chapter 4.19.