ICPM ch. 3.17

(a) Pre-hearing Conferences – Pre-hearing conferences may be 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 2 (Filing with the Immigration Court), Appendix D (Cover Pages).   

Even if a pre-hearing conference is not held, the parties are strongly encouraged to confer prior to a hearing 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 3.18 (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 2 (Filing with the Immigration Court), Appendix D (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 the witnesses 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

See 8 C.F.R.  § 1003.21(b).