![]() Judges will do this typically to give counsel a chance to be able to rebut their suppositions. ![]() Some judges take on a questioning role during closing, forcing counsel to prove their point or to discuss case law that might exist either in support of or against counsel’s proposition. Closings are a helpful summary of the testimony so the judge can assimilate the facts of the case and correlate them with the applicable case law. While closings should typically be short because immigration judges tend not to have a lot of time for such niceties, most immigration judges will at least consider and ask for short closings. ![]() You may also want to paraphrase and summarize some of the more pertinent case law in your circuit as well as any precedent BIA decisions. In a cancellation case, you should try to connect the elements of the cancellation (residency in the USA, good moral character, and exceptional and extremely unusual hardship to US citizen or Permanent Resident parent, spouse or child) with the evidence that has been introduced. For example, in an asylum case you should try to connect the persecution that the witness has suffered with the enumerated grounds for asylum. You want to connect that testimony and any evidence to the law. In the closing argument, you will reiterate the key points of the witness’ testimony. Typically, the court might start with the NTA (Notice to Appear) as Exhibit “1” and then go on through the other exhibits such as applications for relief, documentary evidence, and filings by the DHS and the respondent.Ĭlosing arguments are again at the discretion of the court but typically, most immigration court judges will permit closing arguments, even if they are brief. The court will also address other preliminary matters such as any stipulation between the parties, corrections to the applications, any proffers of evidence, and evidentiary submissions.įinally, the court will go through the exhibits that have been submitted, and mark them for purposes of the record. In cancellation cases, the court may simply want the attorney to indicate what the basis may be for seeking cancellation. They may simply want counsel to enumerate the forms of relief that are being sought, and in asylum cases, to provide some very brief explanation of the basis for seeking Asylum, Withholding of Removal, or Withholding of Removal Under the United Nations Convention Against Torture. However, some immigration court judges want counsel to be very brief in their opening remarks. In this article, I will discuss opening and closing arguments in immigration court.Īs any attorney knows, the opening argument is sort of like a roadmap for the court. ![]() In previous articles, I have covered topics such as how to recognize a difficult immigration judge, handling a difficult immigration judge, and preparing a witness for immigration court. ![]()
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