## Legal Brief for an Immigration Court Hearing

This legal brief is a sample document and should be adapted to the specific facts of your case. It is important to consult with an immigration attorney to ensure that your legal brief is properly prepared and filed.

### Table of Contents

1. Introduction
2. Statement of Facts
3. Argument
    1.  The Applicant is Eligible for Asylum
    2.  The Applicant is Eligible for Withholding of Removal
    3.  The Applicant is Eligible for Protection Under the Convention Against Torture
4. Conclusion
5. Sample Legal Brief

### Introduction

This legal brief is submitted on behalf of [Applicant Name], the Applicant in this matter. The Applicant seeks asylum, withholding of removal, and protection under the Convention Against Torture. The Applicant is a citizen of [Country] and fears persecution if returned to [Country].

### Statement of Facts

The Applicant is a [age] year old [gender] who was born in [City], [Country]. The Applicant is a member of the [social group] and has been persecuted in [Country] on account of their [reason for persecution].

The Applicant has been living in Kenya since [date]. The Applicant has a [relationship] with [person] who is a citizen of Kenya. The Applicant has [number] children who are citizens of Kenya.

The Applicant has a well-founded fear of persecution if returned to [Country]. The Applicant has been subjected to [specific acts of persecution] in [Country]. The Applicant has credible evidence to support their claim of persecution.

### Argument

#### 1. The Applicant is Eligible for Asylum

The Applicant is eligible for asylum under the Immigration and Refugee Act of 1980. To be eligible for asylum, the Applicant must demonstrate that they are a refugee, as defined by the Act. A refugee is a person who is outside their country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

The Applicant has demonstrated that they are a refugee. The Applicant has been persecuted in [Country] on account of their [reason for persecution]. The Applicant has a well-founded fear of persecution if returned to [Country].

#### 2. The Applicant is Eligible for Withholding of Removal

The Applicant is also eligible for withholding of removal. To be eligible for withholding of removal, the Applicant must demonstrate that they would be more likely than not to be persecuted if returned to [Country].

The Applicant has demonstrated that they would be more likely than not to be persecuted if returned to [Country]. The Applicant has been persecuted in [Country] on account of their [reason for persecution]. The Applicant has a well-founded fear of persecution if returned to [Country].

#### 3. The Applicant is Eligible for Protection Under the Convention Against Torture

The Applicant is also eligible for protection under the Convention Against Torture. To be eligible for protection under the Convention Against Torture, the Applicant must demonstrate that they would be more likely than not to be tortured if returned to [Country].

The Applicant has demonstrated that they would be more likely than not to be tortured if returned to [Country]. The Applicant has been persecuted in [Country] on account of their [reason for persecution]. The Applicant has a well-founded fear of persecution if returned to [Country].

### Conclusion

For the foregoing reasons, the Applicant respectfully requests that the Court grant them asylum, withholding of removal, and protection under the Convention Against Torture.

### TLDR

The Applicant is eligible for asylum, withholding of removal, and protection under the Convention Against Torture because they have been persecuted in [Country] on account of their [reason for persecution] and have a well-founded fear of persecution if returned to [Country].

### Sample Legal Brief

***

**IN THE IMMIGRATION COURT**

**[Court Name]**

**[Case Number]**

**[Applicant Name],**

**Applicant,**

**v.**

**[Government Agency],**

**Respondent.**

**LEGAL BRIEF**

**INTRODUCTION**

This legal brief is submitted on behalf of [Applicant Name], the Applicant in this matter. The Applicant seeks asylum, withholding of removal, and protection under the Convention Against Torture. The Applicant is a citizen of [Country] and fears persecution if returned to [Country].

**STATEMENT OF FACTS**

The Applicant is a [age] year old [gender] who was born in [City], [Country]. The Applicant is a member of the [social group] and has been persecuted in [Country] on account of their [reason for persecution].

The Applicant has been living in Kenya since [date]. The Applicant has a [relationship] with [person] who is a citizen of Kenya. The Applicant has [number] children who are citizens of Kenya.

The Applicant has a well-founded fear of persecution if returned to [Country]. The Applicant has been subjected to [specific acts of persecution] in [Country]. The Applicant has credible evidence to support their claim of persecution.

**ARGUMENT**

**I. The Applicant is Eligible for Asylum**

The Applicant is eligible for asylum under the Immigration and Refugee Act of 1980. To be eligible for asylum, the Applicant must demonstrate that they are a refugee, as defined by the Act. A refugee is a person who is outside their country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

The Applicant has demonstrated that they are a refugee. The Applicant has been persecuted in [Country] on account of their [reason for persecution]. The Applicant has a well-founded fear of persecution if returned to [Country].

**II. The Applicant is Eligible for Withholding of Removal**

The Applicant is also eligible for withholding of removal. To be eligible for withholding of removal, the Applicant must demonstrate that they would be more likely than not to be persecuted if returned to [Country].

The Applicant has demonstrated that they would be more likely than not to be persecuted if returned to [Country]. The Applicant has been persecuted in [Country] on account of their [reason for persecution]. The Applicant has a well-founded fear of persecution if returned to [Country].

**III. The Applicant is Eligible for Protection Under the Convention Against Torture**

The Applicant is also eligible for protection under the Convention Against Torture. To be eligible for protection under the Convention Against Torture, the Applicant must demonstrate that they would be more likely than not to be tortured if returned to [Country].

The Applicant has demonstrated that they would be more likely than not to be tortured if returned to [Country]. The Applicant has been persecuted in [Country] on account of their [reason for persecution]. The Applicant has a well-founded fear of persecution if returned to [Country].

**CONCLUSION**

For the foregoing reasons, the Applicant respectfully requests that the Court grant them asylum, withholding of removal, and protection under the Convention Against Torture.

**Respectfully submitted,**

**[Your Full Name]**

**[Your Bar Number]**

**[Your Address]**

**[Your Phone Number]**

**[Your Email Address]**

***

### Sources

- [Immigration and Refugee Act of 1980](https://www.uscis.gov/sites/default/files/files/form/i-589instr.pdf)
- [Convention Against Torture](https://www.un.org/en/genocideprevention/documents/CAT.pdf)



### Legal Brief for an Immigration Court Hearing

---

#### Table of Contents

1. Introduction
2. Statement of Facts
3. Issues Presented
4. Legal Arguments
   - 4.1. Right to Asylum
   - 4.2. Withholding of Removal
   - 4.3. Protection under the Convention Against Torture (CAT)
5. Conclusion
6. Case Laws and Legal Precedents

---

### 1. Introduction

This legal brief is submitted on behalf of [Your Full Name], the Respondent in the above-captioned matter, in support of his/her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Respondent respectfully requests that the Immigration Court grant the relief sought based on the substantial evidence presented herein.

---

### 2. Statement of Facts

The Respondent, [Your Full Name], is a national of [Country of Origin]. He/She entered Kenya on [Date of Entry] and applied for asylum on [Date of Asylum Application]. The Respondent fears persecution in his/her home country due to [specific reasons, e.g., political opinion, religion, nationality, membership in a particular social group, etc.]. 

The Respondent has provided credible testimony and supporting documentation, including affidavits, country condition reports, and expert witness statements, to substantiate his/her claims. The Respondent has no criminal record and has been a law-abiding resident since his/her arrival in Kenya.

---

### 3. Issues Presented

1. Whether the Respondent qualifies for asylum under the Refugees Act, 2006.
2. Whether the Respondent is eligible for withholding of removal under the Immigration and Refugee Protection Act.
3. Whether the Respondent is entitled to protection under the Convention Against Torture (CAT).

---

### 4. Legal Arguments

#### 4.1. Right to Asylum

Under the Refugees Act, 2006, a person qualifies for asylum if they can demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The Respondent has provided substantial evidence to show that he/she faces a real threat of persecution if returned to [Country of Origin].

- **Well-Founded Fear of Persecution**: The Respondent has demonstrated a well-founded fear of persecution through credible testimony and corroborating evidence. The country condition reports indicate that individuals in the Respondent's situation are at high risk of persecution.
- **Nexus to a Protected Ground**: The persecution feared by the Respondent is directly related to his/her [specific protected ground, e.g., political opinion, religion, etc.].

#### 4.2. Withholding of Removal

Withholding of removal is a form of protection that prohibits the return of an individual to a country where their life or freedom would be threatened. The standard for withholding of removal is higher than that for asylum, requiring a clear probability of persecution.

- **Clear Probability of Persecution**: The Respondent has shown that it is more likely than not that he/she would face persecution if returned to [Country of Origin]. The evidence includes detailed accounts of past persecution and expert testimony on the current conditions in the country.

#### 4.3. Protection under the Convention Against Torture (CAT)

The CAT provides protection to individuals who can demonstrate that they are more likely than not to be tortured if returned to their home country. Torture is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted for purposes such as obtaining information, punishment, or intimidation.

- **Likelihood of Torture**: The Respondent has provided evidence that he/she is at risk of torture by [specific actors, e.g., government officials, paramilitary groups, etc.] in [Country of Origin]. The evidence includes medical reports, expert affidavits, and country condition reports.

---

### 5. Conclusion

Based on the foregoing arguments and the substantial evidence presented, the Respondent respectfully requests that the Immigration Court grant his/her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The Respondent has demonstrated a well-founded fear of persecution, a clear probability of persecution, and a likelihood of torture if returned to [Country of Origin].

---

### 6. Case Laws and Legal Precedents

#### 6.1. **Matter of Kasinga, 21 I&N Dec. 357 (BIA 1996)**

- **Relevance**: This case established that gender-based persecution, such as female genital mutilation (FGM), can be a basis for asylum.
- **Outcome**: The Board of Immigration Appeals (BIA) granted asylum to the applicant based on her fear of FGM.

#### 6.2. **Matter of Toboso-Alfonso, 20 I&N Dec. 819 (BIA 1990)**

- **Relevance**: This case recognized that persecution based on sexual orientation can be grounds for asylum.
- **Outcome**: The BIA granted asylum to the applicant, a gay man from Cuba, who faced persecution due to his sexual orientation.

#### 6.3. **Matter of Acosta, 19 I&N Dec. 211 (BIA 1985)**

- **Relevance**: This case provided a broad interpretation of "membership in a particular social group" for asylum purposes.
- **Outcome**: The BIA held that a particular social group is one that shares a common, immutable characteristic.

#### 6.4. **Matter of Mogharrabi, 19 I&N Dec. 439 (BIA 1987)**

- **Relevance**: This case clarified the standard for establishing a well-founded fear of persecution.
- **Outcome**: The BIA held that an applicant must show that a reasonable person in their circumstances would fear persecution.

---

### TLDR

The Respondent seeks asylum, withholding of removal, and protection under the Convention Against Torture (CAT) based on credible evidence of persecution and torture in [Country of Origin]. The legal arguments and substantial evidence presented support the granting of the relief sought.

---

### Conclusion

In conclusion, the Respondent has met the legal standards for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The evidence presented demonstrates a well-founded fear of persecution, a clear probability of persecution, and a likelihood of torture if returned to [Country of Origin]. The Respondent respectfully requests that the Immigration Court grant the relief sought.

---

Sources:
- [Kenya School of Law](http://repository.ksl.ac.ke:8180/jspui/bitstream/handle/ksl/98/ATP%20103%20Opinions%20and%20Case%20briefs.pdf?sequence=14)
- [Sheria na Jamii](https://sherianajamii.com/written-submission)
- [Thomson Reuters](https://legal.thomsonreuters.com/en/insights/articles/how-to-write-a-legal-brief)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/index.xql)

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