LibGuides: U-Visa Applications by Evelia Romero: Pleadings and Motions Practitioner

Pleading and Practitioner Manual

A lawsuit begins when the person bringing the suit files a complaint. This first step begins what is known as the Pleadings stage of the suit. Pleadings are certain formal documents filled with the court that states the parties' basic position.

See below for Pleading Sample from Westlaw.

America FONSECA-SANCHEZ, Petitioner-Appellant, v. Alberto GONZALES, Attorney General of the United States, Respondent-Appellee., 2006 WL 2617992 (C.A.7), i
Sample of Petitioner Opening Brief
AMERICA FONSECA-SANCHEZ, Petitioner-Appellant, v. Alberto R. GONZALES, Respondent., 2006 WL 3857784 (C.A.7)
Sample of Petitioner Reply Brief

Immigration Pleading and Practice Manual by Thomas Hutchins
ISBN: B006P3KU38
Publication Date: West(2014)
This publication contains expertly drafted motions, notices, and applications most often required in judicial and administrative federal immigration practice. Each sample filing includes the authors' supporting legal memorandum. Editable electronic copies of the motions and memoranda are available on the included CD-ROM. The print volume also includes "Practitioners' Notes," which explain the legal principles and the practical considerations applicable to the use of the particular motion, include annotated directories of statutes, regulations, agency memoranda, and relevant agency and judicial decisions, and provide references to related treatises and other publications.

Click here to see table of Contents
Practice, Procedure & Advocacy Skills
This online book is provided by Catholic Charities of Washington.
Immigration Pleadings & Practice Manuals
This manual could be found in West Law. and provides:
Chapter. 1: Preliminary Matters
Chapter 2: Proceeding before Judges
Chapter 3: Proceeding before Board of Appeals
Chapter 4: Proceeding before District Court,
Chapter 5: Proceeding before Federal Courts of Appeal
§ 6:75. Immigration court procedures
Immigration Trail Handbook book from Westlaw.
Immigration Practice Manual by: Sharma & Young
The Immigration Practice Manual covers an extraordinary range of immigration-related topics, from E1/E2 nonimmigration visa procedures, to proceedings before the U.S. Citizenship and Immigration Services (USCIS) and the immigration consequences of criminal convictions.
This 34-chapter, guide is designed for those who represent immigrants in every possible situation, from aliens of extraordinary ability in the arts or sciences to victims of domestic abuse who are facing deportation.

Motions

A motion is a written request or proposal to the court to obtain an asked-for-order,ruling, or direction. There are variety of motions, and it has become standard practice to file certain kinds of motions with court based on the type of case.

Motions to reopen or reconsider in Immigration Proceedings
Guide for Reopening, Reconsider, Remand, Reissue Motions.

Immigration Trial Handbook, 2014 Ed.
ISBN: 0314631836
Publication Date: 2014
By: Maria Baldini-Potemin
This practice-oriented guidebook discusses the procedure, techniques, and strategies for representing noncitizens in removal proceedings at the administrative level. It contains practice tips; checklists; cautions concerning pitfalls to avoid; and citations to relevant statutes, regulations, case authorities, practice rules, and agency memoranda. It takes the practitioner step-by-step through the entire administrative process. Beginning with an overview of inadmissibility and deportability, it devotes successive chapters to detailed guidance on preparation for immigration court, custody, preparation for the master calendar hearing, assertion of claims, preparation of evidence and witnesses, conduct of the hearing, and proceedings before the Board of Immigration Appeals.

Immigration Court Practice Materials

Board of Immigration Appeals Practice Manuals
This practice manual is provided by the Department of Justice.

AILA's Immigration Litigation Toolbox; Essential Materials for Administrative and Federal Court Practice by Charles H. Kuck
ISBN: 1573701831
Publication Date: (2005)
Changes in immigration law and the administration of these laws have necessitated the use of litigation to ensure the rights of clients. Lack of due process, lack of equal protection, lack of discretion, and refusal to use discretion by those in positions of authority have, in many cases, left immigration practitioners with few options for clients. Practitioners, however, have a tool at their disposal-legal action through litigation. Designed for practitioners with varying levels of litigation experience, AILA's Immgiration Litigation Toolbox will assist you in making litigation a part of your everyday practice. The extremely comprehensive Toolbox is divided into sections, each addressing separately the various parts of our judicial system. Each section contains sample motions, pleadings, and memoranda, as well as other practical information needed for presenting cases. A one-page cover memo is included, explaining when and how to use a particular sample. A CD-ROM of all documents and samples is included with the Toolbox, making it easy to personalize the information, print, and use these forms in your practice.