5.4 - Motion Briefs

A motion need not be supported by a brief. However, if a brief is filed, it should accompany the motion. See 8 C.F.R. § 1003.2(g)(3). A brief filed in opposition to a motion must be filed within 21 days from the date of service of the motion. 8 C.F.R. § 1003.2(g)(3).

Motion briefs should generally follow the filing requirements, writing guidelines, formatting requirements, and citation conventions set forth in Chapter 4.6 (Appeal Briefs). Motion briefs should also comport with the requirements set out in Chapter 3.3 (Documents). The Board does not issue briefing schedules on motions.