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Immigration Court Practice Manual

Immigration Court Practice Manual
Chapter 4 - Hearings Before the Immigration Judges

4.18 - Pre-Hearing Conferences and Statements

(a) Pre-Hearing Conferences

Pre-hearing conferences are held between the parties and the immigration judge to narrow issues, obtain stipulations between the parties, exchange information voluntarily, and otherwise simplify and organize the proceeding.  See 8 C.F.R. § 1003.21(a).

Pre-hearing conferences may be requested by a party or initiated by the immigration judge.  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.  See Chapter 3 (Filing with the Immigration Court), Appendix E (Cover Pages).    

Even if a pre-hearing conference is not held, the parties are strongly encouraged to confer prior to a hearing in order to narrow issues for litigation.  Parties are further encouraged to file pre-hearing statements following such discussions.  See subsection (b), below.

(b) Pre-Hearing Statements

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.  Parties also are encouraged to file pre-hearing briefs addressing questions of law.  See Chapter 4.19 (Pre-Hearing Briefs). 

      (1) Filing - 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).

      (2) Contents of a pre-hearing statement - 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.  For example, a pre-hearing statement may include the following items:

  • a statement of facts to which both parties have stipulated, together with a statement that the parties have communicated in good faith to stipulate to the fullest extent possible
  • a list of proposed witnesses and what they will establish
  • a list of exhibits, copies of exhibits to be introduced, and a statement of the reason for their introduction
  • the estimated time required to present the case
  • a statement of unresolved issues in the proceeding