Defeating Motions for Summary Judgment
When a government request for summary disposition (often framed as a motion to dismiss or for summary judgment) is defeated, the tribunal has declined to decide the case on the papers alone. In practical terms, the judge or adjudicator found that genuine factual disputes or unresolved legal questions remain — therefore your case will proceed to fuller consideration rather than end on a short motion. This is a critical procedural win because it preserves the opportunity to present evidence, call witnesses, and test the government’s claims at a merits hearing or trial.
Why this matters
- A defeated summary disposition means the court recognizes factual issues that require live testimony, documentary proof, or further factual development.
- The government cannot obtain final relief based on the motion alone; the case is alive and will move forward.
- This outcome improves leverage for settlement, negotiation, or strategic motions — but it does not guarantee ultimate victory on the merits.
Immediate next steps
- Carefully read the order to identify the specific issues the court found triable.
- Build the merits packet: organize declarations, certified records, medical evidence, expert reports, and witness lists keyed to the disputed facts.
- Prepare for a hearing: draft direct and cross-examination outlines, rehearse witness testimony, and ensure exhibits are admissible and properly authenticated.
- Preserve evidence (court filings, communications, medical files, payroll, photos) and gather new corroboration promptly.
Tactical considerations
- Consider targeted discovery where permitted (depositions, document requests) to shore up weak areas.
- Evaluate settlement or alternative relief now that the case is not decided on paper.
- If the motion failed on legal grounds, consider an interlocutory appeal only if counsel advises it’s strategically sound.
Keep in mind that defeating summary disposition is a procedural victory, not a final outcome. Work with counsel to convert this opportunity into a persuasive merits presentation. If you’d like, we can review the order, map the disputed issues, and prepare a prioritized evidence checklist and hearing plan to maximize your chance at the merits stage.with all regulatory requirements. This involves providing a detailed and specific statement of the errors made by the IJ on the EOIR-26. It is crucial to file a comprehensive, well-researched brief that articulates clear legal and factual arguments. By demonstrating that the appeal raises a substantial legal question and identifies a clear error in the IJ’s factual findings, or presents a good faith argument for the extension, modification, or reversal of existing precedent, the appellant compels the BIA to forgo the streamlined process. It designates the case for a merits review, often by a three-member panel.
Person had 9th Circuit Appeal pending.
Government made motion to summarily dismiss the case.
We opposed and the 9th Circuit agreed and denied the government’s motion to dismiss the case.
