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We all do our best
        a) to get our cases approved
                i) before the agency,

1) but sometimes appeals are inevitable.

Any appellate review,
        a) either by
                i) the agency appellate body
                        A) (Administrative Appeals Office (AAO) or
                ii) Board of Immigration Appeals (BIA)), or
                iii) in the federal courts,

1) is confined to the administrative record.

It is thus crucial
        a) to ensure that you are looking at your cases
                i) with an eye for a possible future appeal
                ii) from day one.

In most cases,

our clients may already have some sort of ��record��
        a) at the agency.

So, when you start your case,

1) the very first thing
        a) that you should do

    is a FOIA1 request
        a) for all records
                i) pertaining to your client.

This may include:

ƒ        
a. U.S Citizenship and Immigration Services (USCIS)/U.S. Immigration and Customs Enforcement (ICE) – Form G-639.

If your client is in removal proceedings,

1) expedited FOIA is available.

You must include evidence that
        a) an NTA has been issued and filed and
        b) that you have a hearing date scheduled.

If you are looking for a specific document,

1) you should so indicate
        a) without limiting your request
        b) (e.g.
                i) ��We are requesting the complete A file.
                ii) Please be sure to produce the asylum interview notes.��).

ƒ        
b. U.S. Customs and Border Protection (CBP) –

May be filed online
        a) athttps://foiaonline.regulations.gov/foia/






1 Freedom of Information Act, 5 USC ��552, as amended by Pub. L. No. 104-231, 110 Stat. 3048.



c. Executive Office for Immigration Review (EOIR) –

You may request both
        a) the paper record, as well as
        b) any audio recordings.

Note that:

audio recordings
        a) of old hearings

1) may be on four-track cassette tape.

Newer audio recordings are on CD.

Requests may be sent
        a) by email
        b) to EOIR.FOIARequests@usdoj.gov.


No specific form is required,

1) but must have a signed release
        a) from your client
        b) confirming
                i) under penalty of perjury
                ii) their
                        A) name,
                        B) identity and
                        C) A number (if you have it).

If you don��t have the A number,

1) you may need to describe the possible responsive records
        a) (e.g., ��I may have a removal order
                i) issued by the Oklahoma City Immigration Court
                        A) on or about March 1, 2001.��).

ƒ        
If any materials are redacted or withheld,

1) you should file a timely administrative appeal.

Follow the instructions
        a) on the FOIA cover letter
                i) sent to you by the agency.

ƒ        If the agency does not respond
                i) within the statutory deadline
                        A) of 20 working days,2

        1) you may
                i) deem the failure to respond
                        A) as a denial and
                ii) appeal the denial or
                iii) sue in federal court.

        But note
                i) ��it is commonly accepted that
                        A) no federal agency can meet the impossibly rigorous timetable
                                I) set forth in the statute.��3

This is particularly important—
        a) in fact, absolutely critical—

1) if you are coming into a case
        a) late in the game.

Once you receive the FOIA responses,

1) review them carefully!

Play devil��s advocate with the materials and

1) attempt to locate
        a) inconsistencies or
        b) adverse discretionary information
                i) in the materials
2) so that you and your client may be prepared to respond.

Regardless of the type of case
        a) you are preparing,

1) you should always remember that
        a) any appeals will be decided
                i) on a paper record.

        a) Board members at the BIA and
        b) judges on the federal bench

1) will not be able
        a) to hear your client��s tearful testimony, or
        b) observe your client interacting with her kids.

It is your job to ensure that
        a) the ��cold�� paper record paints
                i) as complete a picture of your client as possible.

Practice Pointers

ƒ        a. Use FOIA requests
                i) to gather the complete record.
ƒ        b. Raw data
                i) that requires expertise to interpret

            is usually less compelling
                i) than an expert��s statement
                        A) summarizing their conclusions.

                So, a simple 1-2 paragraph letter
                        A) from the treating physician
                        B) stating the diagnosis, treatment, and prognosis
                                I) of your client��s relative��s medical condition

                1) is often preferable to 250 pages of
                        A) chart notes and
                        B) medical bills.

                Similarly, in an asylum case,

                a sworn statement
                        A) from a subject matter expert

                1) can be more compelling
                        A) than hundreds of pages of news reports.

ƒ        c. Quality is better than quantity.

                For example,

                a single, sworn, heart-felt letter
                        A) from a family or friend
                        B) discussing your client in detail

                1) is often better
                        A) than 100 boilerplate letters
                                I) repeating the same claims.

Preserving Evidentiary and Legal Arguments

One of the most difficult lessons
        a) for an attorney to learn

1) is
        a) to know when to be quiet.

On the other hand,

protecting your client��s rights
        a) in immigration court

1) also requires the attorney to speak up
        a) at very critical moments.

It is incumbent
        a) upon an attorney
        b) to be absolutely sure that
                i) magical word ��objection�� or
                ii) something very close to it

                    is in the record of the hearing.

You can sometimes reach the same goal
        a) by arguing against the issue at hand–

1) whether it be
        a) a piece of evidence or
        b) a question
                i) posed by the government attorney–
2) but the surest way
        a) to preserve your issues

     is to say simply ��objection.��





2 5 USC ��552(a)(6)(A)(i).
3 Natural Res. Def. Council v. Dep��t of Energy, 191 F. Supp. 2d 41 (D.D.C. 2002).



If
        a) you miss an issue or
        b) you are not sure
                i) if your
                        A) objections or
                        B) arguments
                                I) made

                    is on the recording of the case,

1) you may always submit something
        a) in writing
        b) that outlines the question of law
                i) you wish to preserve
        c) after the hearing.

In that way,

you will ensure that
        a) your
                i) objection or
                ii) other issue

            is preserved for further appeal.

For example,

you could file a motion in limine
        a) in advance of the hearing date
        b) with your arguments
                i) explaining
                        A) why the Department��s evidence should be excluded

1) if you know about the potential evidence
        a) ahead of time.

At the hearing,

you can simply
        a) make
                i) a brief objection
                        A) stating that
                                I) you object to the evidence or
                ii) the line of questioning and
        b) refer to your written motion.

Of course,

stating an objection is often a spur of the moment decision,

1) but you should not be unprepared.

It is important that
        a) you have
                i) made very clear decisions
                        A) on the legal theory of your case
                        B) ahead of your merits hearing and
                ii) submitted documentation and evidence
                        A) as necessary to support your theory.

Having everything
        a) in writing and
        b) well documented

1) ensures a good record and
2) makes it easier
        a) for a judge to grant your case or your motion
                i) without having to worry about an appeal.

Get to know your judge and your trial attorney.

In Boston,

the trial attorney schedule is posted
        a) for the month
        b) late in the prior month.

Try to call ahead
        a) to find out
                i) who the trial attorney is likely to be.

In this way,

you can
        a) prepare your client better
                i) for what to expect from that attorney and
        b) have at least a loose plan of
                i) what to be prepared for and
                ii) what approach the attorney may take.

Have an ��objections�� cheat-sheet
        a) for just those moments of surprise
        b) (copy attached in the materials).

Cheat sheet
  
A cheat sheet that is used contrary to the rules of an exam may need to be small enough to conceal in the palm of the hand

Cheat sheet in a juice box
A cheat sheet or crib sheet is a concise set of notes used for quick reference. "Cheat sheet" may also be rendered "cheatsheet".

Cheat sheets are so named because they may be used by students without the instructor's knowledge to cheat on a test.
However, at higher levels of education where rote memorization is not as important as in basic education, students may be permitted to consult their own notes during the exam (which is not considered cheating). The act of preparing a so-called cheat sheet is also an educational exercise, thus students are sometimes only allowed to use cheat sheets they have written themselves. In such usage, a cheat sheet is a physical piece of paper, often filled with equations and/or facts in compressed writing. Modern students often print cheat sheets in extremely small font, fitting an entire page of notes in the palm of their hands during the exam.

The term can also apply to the fully worked solution for exams or work sheets normally handed out to university staff to ease marking.

As reference cards[edit]
Main article: Reference card
In more general usage, a "cheat sheet" is any short (one or two page) reference to terms, commands, or symbols where the user is expected to understand the use of such terms but not necessarily to have memorized all of them. Many computer applications, for example, have cheat sheets included in their documentation, which list keystrokes or menu commands needed to achieve specific tasks to save the user the effort of digging through an entire manual to find the keystroke needed to, for example, move between two windows. An example of such a cheat sheet is one for the GIMP photo editing software.[1]

Some academic and technical publishers also publish cheat sheets for software packages and technical topics. In some cases these are also intended as display items in that they are colourful and visually appealing.

Web-based cheat sheets (of the legitimate variety), such as a reference to terms, commands, or symbols, have become extremely common.




Even though the federal rules of evidence are applied         
        a) only loosely,
        b) if at all, in the immigration court,

1) one must still
        a) make objections and
        b) cite
                i) the evidentiary or
                ii) legal basis
                        A) for the objection.

If you
        a) are a new practitioner or
        b) have a judge
                i) you haven��t practiced before,

1) talk to your AILA colleagues.

They will
        a) help you and
        b) give you pointers
                i) about the judge and trial attorney

1) so you can be prepared
        a) in order to get your case on the record.

Also,

be aware of
        a) any special legal requirements or
        b) guidance
                i) that exists
                ii) that may protect your client.

Is your client a minor?

Or have mental health or developmental delays
        a) that may render him or her incompetent?4

Survivor of domestic violence?5

The belligerent judge can sometimes be handled easier
        a) than the kindly judge.

You aren��t really going to antagonize the former
        a) by objecting to all kinds of things,

1) but, the kindly judge creates a harder judgment call.


an��tag��o��nize  (ăn-tăg��ə-nīz��)
tr.v. an��tag��o��nized, an��tag��o��niz��ing, an��tag��o��niz��es
1. To incur the dislike of; provoke hostility or enmity in: antagonized her officemates with her rude behavior.
2. To counteract.
[Greek antagōnizesthai, to struggle against : anti-, anti- + agōnizesthai, to struggle (from agōn, contest; see agony).]
antagonize (��nˈt��ɡəˌnaɪz) or antagonise
vb (tr)
1. to make hostile; annoy or irritate
2. to act in opposition to or counteract
[C17: from Greek antagōnizesthai, from anti- + agōnizesthai to strive, from agōn contest]
anˈtagoˌnizable, anˈtagoˌnisable adj
anˌtagoniˈzation, anˌtagoniˈsation n
Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014


In Boston,

there is a judge
        a) who will more often than not grant relief.

This judge, however, likes to rush you along
        a) in the presentation of your case.


        rush along - move fastrush along - move fast; "He rushed down the hall to receive his guests"; "The cars raced down the street"
belt along, bucket along, cannonball along, hie, hotfoot, pelt along, race, rush, speed, step on it, hasten
go, locomote, move, travel - change location; move, travel, or proceed, also metaphorically; "How fast does your new car go?"; "We travelled from Rome to Naples by bus"; "The policemen went from door to door looking for the suspect"; "The soldiers moved towards the city in an attempt to take it before night fell"; "news travelled fast"
barge, push forward, thrust ahead - push one's way; "she barged into the meeting room"
shoot down, tear, buck, charge, shoot - move quickly and violently; "The car tore down the street"; "He came charging into my office"
dash, scoot, scud, dart, flash, shoot - run or move very quickly or hastily; "She dashed into the yard"
Based on WordNet 3.0, Farlex clipart collection. © 2003-2012 Princeton University, Farlex Inc.


The judge will pressure you
        a) not to call your witnesses and
        b) to cut your direct examinations short
                i) in order to finish the case more quickly.

It is very tempting
        a) to go along with the judge��s entreaties,

1) because you often believe and it��s often born out,
        a) that relief will be granted,

2) but what if it is not?


bear out
:  confirm, verify <a theory borne out by data>

bear 1  (bâr)
v. bore (bôr), borne (bôrn) or born (bôrn), bear��ing, bears
v.tr.
1.
a. To carry (something) on one's person from one place to another: bore the suitcase to the station.
b. To move from one place to another while containing or supporting (something); convey or transport: a train bearing grain. See Synonyms at carry.
c. To cause to move by or with steady pressure; push: a boat borne along by the current.
d. To carry or hold in the mind over time; harbor: bear a grudge; bear ill will.
e. To have as a visible characteristic or attribute: a letter bearing his name.
2. To conduct (oneself) in a specified way: She bore herself with dignity.
3.
a. To hold up; support: This wall bears much of the weight of the roof.
b. To be accountable for; assume: bearing heavy responsibilities.
c. To have a tolerance for; endure: couldn't bear his lying; can't bear to see them leave. See Synonyms at endure.
d. To have grounds for; call for; warrant: This case bears investigation.
4.
a. To give birth to: bore six children.
b. To produce; yield: plants bearing fruit. See Synonyms at produce.
5. To offer; render: I will bear witness to the deed.
v.intr.
1. To yield fruit; produce: peach trees that bear every summer.
2. To have relevance or influence; apply: They studied how the relativity theory bears on the history of science.
3. To endure something with tolerance or patience: Bear with me while I explain what happened.
4.
a. To extend or proceed in a specified direction: The road bears to the right at the bottom of the hill.
b. To be directed or aimed in a certain direction or at a target: The guns were brought to bear upon the approaching fleet.
Phrasal Verbs:
bear down
1. To exert muscular pressure downward, as in giving birth to a baby.
2. To advance in a threatening manner: The ship bore down on our canoe.
3. To apply maximum effort and concentration: If you really bear down, you will finish the task.
bear out
To prove to be right or justified; confirm: The test results bear out our claims.
bear up
To withstand stress, difficulty, or attrition: The patient bore up well during the long illness.
Idioms:
bear a relation/relationship to
To have an association with or relevance to: That remark bears no relation to the matter at hand.
bear a resemblance/liking/similarity to
To be similar to; appear or function like.
bear down on
1. To move rapidly toward: The ship bore down on the abandoned vessel.
2. To affect in a harmful or adverse way: Financial pressures are bearing down on them.
bear fruit
To come to a satisfactory conclusion or to fruition.
bear in mind
To hold in one's mind; remember: Bear in mind that bridges freeze before roads.
[Middle English beren, from Old English beran; see bher- in Indo-European roots.]
Usage Note: Thanks to the vagaries of English spelling, bear has two past participles: born and borne. Traditionally, born is used only in passive constructions referring to birth: I was born in Chicago. For all other uses, including active constructions referring to birth, borne is the standard form: She has borne both her children at home. I have borne his insolence with the patience of a saint.


Stand by your case and

1) if anything,
2) err on the side of
        a) calling all your witnesses and
        b) completing your full direct exam,
3) even in the face of an impatient judge.


Do this

1) even if you have to bear the brunt
        a) of the judge��s impatience.


brunt  (brŭnt)
n.
1. The main impact or force, as of an attack.
2. The main burden: bore the brunt of the household chores.
[Middle English, perhaps of Scandinavian origin.]
brunt (brʌnt)
n
the main force or shock of a blow, attack, etc (esp in the phrase bear the brunt of)
[C14: of unknown origin]


Like learning to speak
        a) at the proper moment,

1) getting yelled at is just sometimes our job.





4 See Matter of M–A–M, 25 I&N Dec. 474 (BIA 2011).
5 Matter of A–R–C–G–, 26 I. & N. Dec. 388 (BIA 2014).



While it can be possible
        a) to develop an argument
                i) fuller
                ii) in
                        A) a subsequent filing or
                        B) even a Motion to Reconsider or
                        C) Motion to Reopen,
                
1) a well-developed plan
        a) walking into court

   is
        a) your best defense and
        b) your client��s best protection
2) should you have to pursue an appeal.

Be sure to object to your interpreter

1) if you need to.

It can be hard,
        a) especially in asylum cases,

1) because
        a) your client is so eager
                i) to present his or her case and
        b) having another delay
                i) in order to obtain a competent interpreter

            can be devastating.

And yet,

you must object to interpreters
        a) who are not doing their job.

Sometimes you can infer that
        a) there are problems with the interpretation

1) even if you do not speak the language.

If
        a) you have prepared your client well and
        b) they are answering simple questions
                i) differently than you would expect,

1) it may well be an interpretation problem.

Subtle differences
        a) in language

1) can make a huge difference.

For example,

testimony
        a) that your client was taken to a ��building��

1) is very different than testimony
        a) that she was taken to a ��barracks��
        b) in an asylum claim
                i) based on fear of the military.

An improper and incompetent interpreter is a fundamental issue and

1) you have to be ready to object on the record.

Practice Pointers

ƒ        a. Have
                i) a clear legal theory and
                ii) a clear game-plan
                        A) going into your hearing.
ƒ        b.         i) Stand strongly behind your strategy,
                ii) don��t be pushed out of calling the witnesses
                        A) you want and need for your case.
ƒ        c. Know
                i) your judge and
                ii) your trial attorney

                1) so you can anticipate some of their tendencies and tactics.
ƒ        d. Be sure to say ��objection��
                i) clearly and
                ii) when the recording system is on.
ƒ        e. Follow-up with written objections or arguments

                1) if you need to preserve your arguments
                        A) that you missed during the hearing.
ƒ        f. Know the basis
                i) of your objection–

                1) bring a cheat-sheet
                2) if you have to.
ƒ        g. Object to the interpreter
                i) on the record,

                1) while the recording device is ON.
ƒ        h. Get to know your judge and your trial attorney
                i) before the hearing.

                Talk to practitioners as necessary.

                They all have their favorite tricks and tendencies.

                If you know them ahead of time,

                1) you can be better prepared to respond.

Admit or Concede vs. Deny: Factors to Consider

You must review the client��s options
        a) initially.

It is vital that
        a) you discuss
                i) the Notice to Appear (NTA) and
                ii) the specific allegations
                        A) with your client
                        B) before the hearing
                        C) to develop a strategy.

Whether
        a) to admit and
        b) concede
                i) charges in an NTA

1) will depend on
        a) the individual��s eligibility for relief and
        b) your client��s goal.

Is your client
        a) seeking lasting relief or
        b) simply trying to avoid removal?

As a general rule,

if
        a) the charges are
                i) relatively benign,
                ii) an overstay or
                iii) entry without inspection, and
        b) the client��s claims for relief are relatively strong,

1) conceding the charges and
2) moving on to relief

   can be a reasonable option.


On the other hand,

a criminal ground of
        a) inadmissibility or
        b) removability

1) should usually be challenged.

It is important to put the government
        a) to its proof.

The government may not be able to produce the required documents and

1) the case can be terminated
        a) with little work on your part.

Also,

there are often a plethora of arguments
        a) against the finding of removability
        b) in criminal removal cases
        c) that should always be explored.

pleth��o��ra  (plĕth��ər-ə)
n.
1. An abundance or excess of something: "[the pitcher's] sinker that clocks in the low nineties ... resulting in a plethora of weakly hit groundballs" (Buzz Bissinger).
2. An excess of blood in the circulatory system or in one organ or area.
[Late Latin plēthōra, from Greek, from plēthein, to be full; see pelə- in Indo-European roots.]
plethora (ˈplɛ��ərə)
n
1. superfluity or excess; overabundance
2. (Pathology) pathol obsolete a condition caused by dilation of superficial blood vessels, characterized esp by a reddish face
[C16: via Medieval Latin from Greek plēthōrē fullness, from plēthein to grow full]
plethoric adj
pleˈthorically adv
Collins English


Additionally,

the law changes.

Even if you believe
        a) your client��s conviction may be a removable offense
                i) under presently-governing law,

1) you can and should deny the charge of removal
        a) to preserve your client��s arguments
2) in case the law changes.

If challenged
        a) on this point,

1) you may simply
        a) acknowledge the adverse law and
        b) state that
                i) you are preserving the issue
                        A) for appellate review.

Motions to suppress can also be an important tool
        a) for challenging improperly collected documentation or
        b) to gain important time
                i) in a client��s case.

For a motion to suppress,

all charges must be denied
        a) on the NTA,

1) but note that
        a) there should be egregious facts
                i) in your case
                ii) that are directly connected to the client��s
                        A) arrest,
                        B) detention or
                        C) immigration questioning
2) before suppression should be considered.

Of course,

once a fact
        a) charged on the NTA

    is conceded
        a) by the individual,

1) this fact cannot be challenged on appeal,6
2) absent
        a) a complaint
                i) of ineffective assistance of counsel7 or
        b) a motion to withdraw the concession.8

Practice Pointers

ƒ        a. Weigh the strength of the client��s relief
                i) versus the charges
                        A) on a charging document.
ƒ        b. Challenge what you can in the NTA,

                1) when you need to do so.

                Be judicious

                1) but protect your client��s interests.
ƒ        c. If your client has any suppression claim,

                1) you must deny everything,
                        A) including the allegation of alienage, or
                2) you will waive the suppression claim.

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