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Legal Citations Generally When filing papers before EOIR, parties should keep in mind that accurate and complete legal citations strengthen the argument made in the submission. This Appendix provides guidelines for frequently cited sources of law. EOIR generally follows A Uniform System of Citation (also known as the “Blue Book”) but diverges from that convention in certain instances. EOIR appreciates but does not require citations that follow the examples used in this Appendix. Note that, for the convenience of filing parties, some of the citation formats in this Appendix are less formal than those used in the published cases of the BIA. Once a source has been cited in full, the objective is brevity without compromising clarity. This Appendix concerns the citation of legal authority. For guidance on citing to the record and other sources, see ICPM, Chapter 3.3(e) (Source Materials), Chapter 4.19(f) (Citation); BIA PM Chapter 3.3(e) (Source Materials), Chapter 4.6(d) (Citation). As a practice, EOIR prefers italics in case names and publication titles, but underlining is an acceptable alternative. Abbreviations in Case Names As a general rule, well-known agency abbreviations (e.g., DHS, INS, FBI, DOJ) may be used in a case name, but without periods. If an agency name includes reference to the “United States,” it is acceptable to abbreviate it to “U.S.” However, when the “United States” is named as a party in the case, do not abbreviate “United States.” For example: DHS v. Smith not D.H.S. v. Smith; U.S. Dep’t of Justice v. Smith not United States Department of Justice v. Smith; United States v. Smith not U.S. v. Smith. Short Form of Case Names After a case has been cited in full, a shortened form of the name may be used thereafter, with a reference to the specific page number that is cited. For example: INS v. Phinpathya, 464 U.S. 183 (1984); Phinpathya, 464 U.S. at 185; Matter of Nolasco, 22 I&N Dec. 632 (BIA 1999); Nolasco, 22 I&N Dec. at 635. Citations to a Specific Point ****Citations to a specific point should include the precise page number(s) on which the point appears. For example: Matter of Artigas, 23 I&N Dec. 99, 100 (BIA 2001). Citations to a Dissent or Concurrence Citations to a dissent or concurrence should be indicated in a parenthetical notation. For example: Matter of Artigas, 23 I&N Dec. 99, 109-110 (BIA 2001) (dissent). Board of Immigration Appeals Decisions Published Decisions Precedent decisions by the BIA are binding on the immigration courts, unless modified or overruled by the Attorney General or a federal court. All precedent BIA decisions are available on the EOIR website. Precedent decisions should be cited in the “I&N Dec.” form illustrated below. The citation must identify the adjudicator (BIA, A.G., etc.) and the year of the decision. Note that there are no spaces in “I&N” and that only “Dec.” has a period. For example: Matter of Balsillie, 20 I&N Dec. 486 (BIA 1992). “Matter of” not “In re” All precedent decisions should be cited as “Matter of.” The use of “In re” is disfavored. For example: Matter of Yanez, not In re Yanez. Unpublished Decisions Citation to non-precedent Board cases by parties not bound by the decision is discouraged. When it is necessary to refer to an unpublished decision, the citation should include the initials of the respondent’s full name separated by hyphens, the A-number with all but the last three digits of the number replaced with X’s, and a parenthetical containing the abbreviation “BIA” as the adjudicating body, as well as an abbreviation of the month as part of the precise date of the decision. Because the Board uses “Matter of” as a signal for a published or precedent case, do not use “Matter of.” When citing to an Unpublished BIA decision, a full copy of the unpublished decision should be provided as an attachment to the brief/motion if possible. Unpublished BIA Decisions from the EOIR FOIA Reading Room Where an unpublished Board decision is obtained from EOIR’s FOIA Reading Room, the citation should be placed within a parenthetical containing the assigned Folder Name (also known as Title or File number assigned to Download Folder), the abbreviation “BIA” as the adjudicating body, and an abbreviation of the month as part of the precise date of the decision. As noted above, because the Board uses “Matter of” of as a signal for published or precedent case, do not use “Matter of.” Interim decisions While the BIA still assigns precedent decisions an interim decision number for administrative reasons, the proper citation is always to the volume and page number of the bound volume – the I&N Decision citation. Attorney General Decisions Precedent decisions by the Attorney General are binding on the immigration court and the BIA and should be cited in accordance with the rules for precedent decisions by the BIA. All precedent decisions by the Attorney General are available on the EOIR website. Matter of Y-L-, 23 I&N Dec. 270 (AG 2002). Federal and State Courts Generally Federal and state court decisions should generally be cited according to the standard legal convention, as set out in the latest edition of A Uniform System of Citation (also known as the “Blue Book”). For example: Taylor v. United States, 495 U.S. 575 (1990); Singh v. Holder, 749 F.3d 622 (7th Cir. 2014); Velasquez-Escovar v. Holder, F.3d, No. 10-73714 (9th Cir. 2014); United States v. Madera, 521 F. Supp. 2d 149 (D. Conn. 2007). U.S. Supreme Court The Supreme Court Reporter citation (“S. Ct.”) should be used only when the case has not yet been published in the United States Reports (“U.S.”). Unpublished Cases Citation to unpublished state and federal court cases is discouraged. When citation to an unpublished decision is necessary, a copy of the decision should be provided, and the citation should include the docket number, court, and precise date. Parties are also encouraged to provide the LexisNexis or Westlaw number. For example: Bratco v. Mukasey, No. 04-726367, 2007 WL 4201263 (9th Cir. Nov. 29, 2007) (unpublished). Precedent Cases Not Yet Published When citing to recent precedent cases that have not yet been published in the Federal Reporter or other print format, parties should provide the docket