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Permitted questions during merit hearing

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  • Permitted questions during merit hearing

    This is directed to any attorneys who do asylum merit hearings, or any other type of hearings.

    I know that the Federal Rules of Evidence don't apply, so hearsay questions are permitted. However, I also know that IJs and TAs object to leading questions and lack of foundation questions.

    I notice, though that TAs sometimes ask questions that have already been answered on direct examination. The objection would be "Asked and Answered."

    I also notice that TAs sometimes ask questions that call for speculation, i.e. "Why would the police be interested in going after you after all these years, since it's been a long time since you've been in your home country?"

    I notice that some judges object on their own. They tell the TA "That's already been covered; move on," or "How would the Respondent know that?"
    But some judges do not. I'd rest easy knowing what kinds of questions were permitted, particularly whether these kinds of questions are permitted.

    Thx.

  • #2
    This is directed to any attorneys who do asylum merit hearings, or any other type of hearings.

    I know that the Federal Rules of Evidence don't apply, so hearsay questions are permitted. However, I also know that IJs and TAs object to leading questions and lack of foundation questions.

    I notice, though that TAs sometimes ask questions that have already been answered on direct examination. The objection would be "Asked and Answered."

    I also notice that TAs sometimes ask questions that call for speculation, i.e. "Why would the police be interested in going after you after all these years, since it's been a long time since you've been in your home country?"

    I notice that some judges object on their own. They tell the TA "That's already been covered; move on," or "How would the Respondent know that?"
    But some judges do not. I'd rest easy knowing what kinds of questions were permitted, particularly whether these kinds of questions are permitted.

    Thx.

    Comment


    • #3
      Second question, if IJ don't object then,
      Respondent don't have access to the police system, and don't have the way to get departmental information of current working file or backlog.
      Many cases these questions are permitted.
      question starts within the statement written on the PA file, and argue start from there. Its always better to inform the way of working system of the local police, before getting into arguement , otherwise the system was compared same as US system , or asummed. which has very negative impect on Political asylum cases. Should be on the record.

      Comment

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