An appeal brief is one of the most important parts of the appeals process. It outlines all the vital information you need to prove that the immigration judge or other lower court was wrong in its ruling against you.
If you are handling your own appeal, you may write an informal appeal brief that includes:
- The date of the decision you want to appeal
- The actions you’ve taken after the decision, such as filing any additional motions
- The facts of your case, including the evidence you have to demonstrate that the judge misunderstood something in your case or got something wrong
- More information about your request from the district court or government agency
- More information about the decisions you want the Ninth Circuit to review
- Which law supports the decision you want to appeal for
- Any relevant case history
There is also a formal appeal brief that a lawyer would complete and file on your behalf, but this would only be filed if you have a lawyer helping you navigate the appeals process.
It’s so important to use the informal brief document provided by the Ninth Circuit, as it is formatted exactly how they want it. It also has multiple prompts to help you include all the necessary and relevant information you need to argue for the appeal.
You should present all the evidence, even evidence that the original judge didn’t hear, identify any laws that support your case, and write in an assertive and confident tone. Doing so can improve the chances of the Ninth Circuit Court of Appeals agreeing to review your case and even ruling in your favor.