M-Wakili

Ask a lawyer:
Draft a legal brief for an immigration court hearing

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

  • Convention Against Torture

Answered by mwakili.com