1. Advocate of the Year Competition 2008 Please take a memo and a problem and sign in.

2. Available on the website: www.usfca.edu/org/mootcourt Brief Template & Instructions Meeting Memo This PowerPoint Presentation

3. Agenda Introduction The Problem Important Dates The Brief – Instructions & Tips Oral Arguments – Instructions & Tips Final Notes Questions

4. Introduction Moot Court Board 2008-2009 Philip Babich – Executive Director Lailah Morris – Advocacy Director –lailahrafik@gmail.com Stephen Hew – Managing Director Stewart Kellar – Topics Director Jennifer Stanger – Topics Director

5. The Problem - Facts Immigration and Civil Procedure Appeal to the Supreme Court Chan Kong Sang has applied for asylum after fleeing China. He claims past persecution and fear of future persecution because his ex-wife was forced to undergo an abortion. They divorced before the abortion because Li was intimately involved with another man. Chan fled to the United States right before the forced abortion while family planning officials were looking for him and Li.

6. Procedural Posture Immigration Judge found Chan was not eligible for asylum because they were divorced at the time of the abortion. Board of Immigration appeals affirmed without opinion. Appellate court affirmed, also held that reviewing BIA’s use of its affirmance without opinion procedure is improper. Chan appealed and the United States Supreme Court granted certiorari.

7. Important Dates Brief Drop Off –Tuesday, Sept. 23 rd –9 am–11 am, 5:30 pm–6:30 pm First Round of Oral Arguments –Either Saturday, October 4 th or Sunday, October 5 th Quarterfinals and Semifinals –Saturday, October 18 th Final Round –Friday, October 24 th @ 6:00 pm

8. The Brief Format – same as 1L Moot Court brief You choose the side –You will argue both sides during the first round of oral arguments 16-20 pages –Nothing after 20 will be read Blue cover for Petitioners / Red for Respondents (card stock) Name on cover page

9. The Brief – Turn In 3 copies due Tuesday, Sept. 23 rd –9 am–11 am and 5:30 pm–6:30 pm Moot Court Office, Zief 2 –Lower level next to TV lounge You must turn it in and sign it in yourself **LATE BRIEFS WILL NOT BE ACCEPTED!**

10. Oral Arguments Mon, 9/29 by 4:00 pmFirst Round of Oral Arguments Posted Sat, 10/4 or Sun, 10/5First Round of Oral Arguments Mon, 10/6 by 4:00 pmQuarterfinalists Posted Sat, 10/18Quarterfinals and Semifinals Mon, 10/20 by 4:00 pm Finalists Posted Fri, 10/24 @ 6:00 pmFinal Round with Reception to follow

11. Oral Arguments Rules for advancing will be posted on Moot Court Bulletin Board & on Moot Court Office door Oral Arguments follow same format as 1L Moot Court

12. Some Final Notes Use Statement of the Case as a starting point Note there are two major issues certified for appeal –Do not address any Due Process Claims. –Do not address Chan’s claims regarding withholding removal or the Convention against Torture. No cases after 9/1/08

13. Some Final Notes Good faith effort, but keep in mind: –Judges are USF Alumni. They’re giving up a day of their weekend for a good show, so give it to them. –They also might work for a firm you’re interviewing with. –Personal pride.

14. Some Final Notes Work in Groups –You may work with buddies, but you must write your own brief –After turning in your brief, share them with someone from the other side –Brainstorm potential questions, refine arguments

15. Some Final Notes Be prepared to argue both sides Practice Then practice some more

16. Finally… Remember What You’re Getting Out of It Resume Builder Possible Writing Sample Oral Advocacy Experience Awards Given to Best Brief and Advocate of the Year $$$ - $500 Gift Certificates to BARBRI for Best Brief / Advocate of the Year award recipients Bragging Rights!

17. Ready, Set, Go. Be sure you’ve signed in before you leave Check bulletin board / website for changes, postings, updates Questions? Stick around.