Evidence In Deportation And Removal Actions

If you, or someone you love, is involved in a removal or deportation action, it is a good idea to understand how evidence is presented in the removal proceedings in a deportation case. Legal counsel can best advise you on the specifics of your case, but here are some of the basics regarding evidence in deportation proceedings:

 The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 defines the removal proceedings by which an alien is deported from, and/or kept from entering, the United States. A hearing is conducted, where both the alien and the Department of Homeland Security, present evidence to support their cases, most often through their immigration attorneys.

 You will be given the opportunity to present evidence on your behalf, such as documents or witnesses that support your case. You can also cross-examine witnesses presented by the Department of Homeland Security. While it is possible to represent yourself, consulting with an immigration attorney is always your best bet.

 At the hearing, you will also be given the opportunity to examine the evidence that the Department of Homeland Security will use against you. The only exception comes with evidence that is considered to be confidential or has national security implications.

 Hearsay Evidence

 Hearsay evidence is a statement made outside of court, or different judicial proceeding, that is used as evidence. With only a few specified exceptions, hearsay evidence cannot be used in court.

 The opposite is true in a deportation case. Hearsay evidence is usually admissible in immigration law. But realize that it can be used on your behalf, but also against you by the Department of Homeland Security.

 Here is an example of how hearsay evidence can be used against you in a deportation case: If you are convicted of a crime, and a witness tells police that you are in the country illegally, that can be used against you.

 Witnesses

 Just like other types of legal proceedings, both sides of a deportation case can present witnesses to support their arguments. You have the right to call as many witnesses as you need to establish a solid case on your behalf to avoid getting deported.

 The judge presiding over the deportation proceedings can subpoena witnesses. And, witnesses have the right to invoke their fifth amendment right to avoid self-recrimination.       

 Administrative Notice

 There are instances where the judge can bring in commonly known facts without making either party produce evidence. This is referred to as administrative notice.

 Administrative notice is most common when an alien is seeking asylum from their native country due to alleged danger. The courts grant asylum to those people who have been persecuted or will face persecution upon arriving in their country of origin due to their race, religion, political belief, or other group memberships.

 If the climate in your native country has changed for the better, then that can be used against your case for seeking asylum as well under administrative notice.

 Contact an Immigration Attorney

 If you have further questions regarding the facts on how evidence is handled in a deportation case, it is a good idea to consult with legal counsel. Whocanisue.com can help you locate an immigration attorney in your area who has specialized experience with deportation cases.