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Question about Immigration Courts

Los Angeles, CA |

Let's say your case gets to that point, does the immigration judge review the WHOLE case, meaning your A-file? If so, aren't they supposed to look into it a day before for each case the next day to be prepared? If the hearings are brief 15-20 minutes, as many claim, how do judges get the time to review your A-file prior the beginning of the hearing for each person? How does that process work, so that the judge will acquaint himself/herself with each individual case that's going to be brought up in front of him? Ca you please explain the process?

Another question: I heard that presenting evidences to IJs is less strict than in general types of court hearings. For example, you don't have to have an actual witness, but an affidavit would work. In this situation, can the immigrant present

emails to refute fraud claims? if so, how would the IJ know that it is not the immigrant himself typing up an email for his needs to pretend that the email was written to him by another person? Emails can be faked by anyone, so can an email still be considered as evidence if the person who supposedly wrote that is not present in court? I'm just trying to understand how likely emails would be accepted as evidences by the immigrant if the same immigrant could sit and write whatever "email" he wants by pretending that it was written to him? How would this type of evidence submission for immigration purposes in deportation proceedings/removal work? Even affidavits could be easily faked if those people who supposedly write them are not present, but my question is more concerning email submissions as evidences. I am sure that you would agree that no one would know if the emails were written or not except the immigrant himself, so how does the IJ see this aspect of email evidence?

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Attorney answers 5

Posted

You worry too much about things that your lawyer should handle. If you need to appear in Immigration Court, hire a lawyer and he/she will handle any potential admissibility issues. Judges have law clerks who prepare memos and the judge reviews the memos or the memo and the file before the hearing.

Asker

Posted

This isn't about me. I was more looking to see how emails are handled in court when they can easily be forged, altered, faked, etc.

Posted

Immigration Judges maintain the record of proceedings in the EOIR. the "A File" is the alien's file with the DHS. Many documents from the A file may be filed into the ROP, depending on the purpose. The rules of evidence are more relaxed in immigration proceedings than in judicial court proceedings, which can be both good and bad for a respondent. Consult with an immigration attorney for advice and/or representation in court.

Posted

Your very detailed and well-thought-through post is a great testament to the fact that you need to hire an experienced immigration attorney locally to represent you before the immigration court.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

Hearings in Immigration Court are either master or individual. The master hearings are to check status of case, etc. The individual hearing is the time at which the Judge will hear the merits of your case. You can be represented at the hearing at your expense but given the issues you are raising you should invest in legal representation.

Posted

Aneliya laid it out the best

www.Low-Fee-Immigration-Lawyer.com

John Lassen 1-877-252-4630