Featured News 2014 Witnesses in an Individual Merits Hearing

Witnesses in an Individual Merits Hearing

If you face a removal hearing, witness testimony can help out in your case. Who exactly would make a good witness then? Do you always need a witness for an individual merits hearing? Keep reading to learn the answers to these questions and to get an overview of how witness testimony could play a part in your individual merits hearing.

You may want a witness in your hearing to share evidence that supports your story, someone who can increase your credibility. A good witness then, will be someone who is believable. It is important for a witness to look and sound confident. But you do not want to bring a witness, simply to have a witness. These hearings can last a long time, and an immigration judge will not appreciate it if time is wasted on a witness who does not have any important information to give.

In order for a witness to be helpful, they will also need to be prepared for the hearing. You want a witness who knows all the facts in your case, and you also want a witness who will be ready in case a trial attorney starts asking a lot of unfriendly questions. This is one of the many areas where an immigration lawyer can help your witnesses (and you) to be ready for an immigration hearing.

So when do you need a witness in immigration court? Whenever there is an individual merits hearing, it can be very beneficial to have a material witness. This is a witness who can confirm the details of your case. For example, if you are trying to get a cancellation of removal, then you would need to show a judge that you have good moral character. If a U.S. citizen or legal permanent resident would testify that you have good character, then this could be helpful in your case, particularly if the witness is someone important in the community, someone who is a teacher or a police officer, for example.

If you are trying to get asylum, then witness can help prove that you have a reasonable fear of being persecuted in your country, and that you belong to a certain religion or group. If, for example, you fear persecution in your country because of your religion, then a pastor could say that you attend their church. They might also be able to say that you have told them of your fear of religious persecution in your country. If you know other people from your country who are here legally, especially if they have been granted asylum because of religious persecution, then they could tell a court about religious persecution in your home country.

There are some cases where you might need expert witnesses. For example, in an asylum case, you may need someone who can testify that your political party is persecuted in your country. A good witness in this case could be a professor or a qualified member of a human rights group. In a hearing for cancellation of removal, a medical expert could testify about the deficient medical system in your country, something that you and your child, who is a U.S. citizen, would have to go back to, for example.

There is a deadline you would have to meet, by which time you would have to turn in a list of the witnesses you are going to have in your hearing. This deadline will usually be scheduled at your Master Calendar hearing. You also have a deadline by which time you would have to ask to have a witness testify over the phone, if necessary. For more details on this process and other ways to prepare for an immigration court hearing, be sure to find an experienced immigration attorney today!

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