Building a Ninth Circuit brief allows you to challenge the orders that might otherwise see you removed from the United States. If you want your brief to be comprehensive, it’s best to build it with the help of an immigration attorney with New Frontier Immigration Law.
Our team can ensure that your brief contains all the information relevant to your case at the time of its submission. This way, the Ninth Circuit can’t deny your brief the attention it deserves based on formatting oversights.
You can schedule a consultation with our attorneys over the phone or through our website to learn more about what to include in a Ninth Circuit brief.
What Kind of Briefs Can You File With the Ninth District?
There are two kinds of briefs that address Ninth Circuit decisions. These informal and formal briefs serve as your primary form of communication with a circuit representative. It’s up to you and an attending attorney to fill these out to the best of your ability. Unfortunately, even a formatting error could delay your right to legal action.
Informal briefs allow you to give a county clerk a basic understanding of the challenge you wish to issue against a decision made by the Ninth District. The district allows you to take up to fifty pages to elaborate on your challenge. In those pages, you are required to elaborate on:
- The date of the decision you’re appealing
- What action you’ve taken in the wake of that decision
- The facts of your case
- How you intend to present your case to the court of appeals
You should use your brief to outline both your personal experience with the court’s decision and the legal precedent that supports your challenge. Our attorneys can break down what statutes you may want to include in an informal brief.
You may receive an outline of a court’s preferred informal brief when you first appeal a court’s decision. If you do not receive an outline, you can work with an attorney to find a sample and format your outreach accordingly.
Formal briefs elaborate on the position you took in your informal brief. These briefs are often longer than their less formal counterparts. You also are less likely to have a direct hand in the information shared via your formal document. In many cases, immigration lawyers can take over the creation of these briefs, both for the sake of ease and comprehensiveness.
If you think your formal brief may exceed 50 pages, double-spaced, you need to inform the Ninth Circuit as such. You can file a motion requesting permission to include your extra pages. While the Ninth Circuit won’t approve every request of this nature, you can work with an attorney to argue for your need.
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What Information Should Your Brief Include?
The brief you submit to the Ninth Circuit needs to be as comprehensive as possible. This means that you may find yourself submitting additional forms alongside the base brief.
When determining what information you should include in a brief for the Ninth Circuit, consider:
- Petition for Review
- A copy of the BIA’s original decision
- Motion to Proceed in Forma Pauperis
- Affidavit in Support of Motion to Proceed in Forma Pauperis
- Motion for Stay of Removal
- Motion to Appoint Pro Bono Counsel
- Certificate of Service
Collecting these forms, let alone filling them out, can be an exercise in patience. When you have an immigration attorney on your side, though, it gets easier to address the complexities of these individual forms. Our team can keep your paperwork organized and ensure the right information goes on the right documents.
Make sure that you do consider whether or not you need the above documents when bringing your appeal to the attention of the Ninth District. If you assume that you don’t need a particular form, you may inadvertently delay your right to legal action.
How Should You Address Your Brief?
When sending a paper copy of your brief to the appropriate representative, make sure you address your documents properly. You should send your brief to:
James R. Browning Courthouse
Ninth Circuit Court of Appeals
P.O. Box 193939
San Francisco, CA 94119-3939
Do You Have to Pay a Fee to Submit Your Brief?
Submitting a brief to be reviewed by the Ninth Circuit costs $500. That said, the Ninth Circuit gives you the means to have this fee waived. If you choose to file a motion to proceed in forma pauperis, for example, you can indicate to the court that you don’t have the means to pay this fee.
That said, be prepared to submit evidence elaborating on your financial state if you request your submission fee waived. You can elaborate on your financial state with the help of pay stubs, bank notices, and other documents that our attorneys can gather on your behalf.
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How Long Does It Take for the Ninth Circuit to Consider Your Brief?
The Ninth Circuit is not known for its expediency. When you file an appeal, you should prepare to spend a minimum of a year and a half addressing your concerns in court. On average, these appeals can take up to four years to resolve. Your case may take longer if you have to contend with unprecedented case complexities.
It’s our job, as immigration attorneys, to keep you updated as your case progresses. We can also fight to find a balance between thorough investigations and a timely assessment of your brief’s concerns. You can discuss your case’s timeline in more detail during a consultation with our attorneys.
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Let’s Build Your Immigration Brief Together
The work needed to build a comprehensive immigration brief can feel overwhelming. Don’t think you have to answer the question of what to include in a Ninth Circuit brief alone. Let New Frontier Immigration Law help you compose your Ninth Circuit brief.
You can consult with our team about any questions you may have and ensure that your documents meet the circuit’s submission standards. Contact us to schedule a consultation with our immigration attorneys today. You can reach out online or call our office to learn more about the information you need in a comprehensive Ninth Circuit brief.