10-1 Updated July 2008 Preparing the Cross Service Package he individual, or merits hearing is the opportunity for the asylum seeker to present his/her case de novo to an immigration judge. The key evidence to be submitted is the client’s testimony, but additional witnesses and documentary evidence to support that testimony is necessary if available. The pro bono’s last opportunity to submit the evidence is with Cross Service. Document Preparation and Submission of Cross Service Package 10.1 The Cross Service Package Preparation is the key to prevailing in an asylum case. 1 It is not unusual to have a respondent who cannot speak the language, is unfamiliar with the process, or is suffering from the effects of torture and/or detention. 2 Therefore, it cannot be stated strongly enough that using the time between the master hearing and the individual hearing can be the crucial difference between a grant or a denial of relief. 3 It is important to understand the rules of evidence for asylum hearings. When compared to a civil or criminal trial, there is a world of difference. Usually, there are few documents or witnesses. Further, pre-trial discovery is limited. The Federal Rules of Evidence, Federal Rules of Civil Procedure, and the Administrative Procedure Act do not apply to EOIR hearings, although they can be referred to for guidance. 4 For practical purposes, an IJ “can receive in evidence any oral or written statement that is material and relevant to any issue in the case”. 5 However, it should be remembered that 1 Mark Silverman, Robert Jobe and Larry Katzman, “Winning Asylum Cases”, Immigrant Legal Resource Center, Chapter 13 (September 1998). 2 Id. at 13-1. 3 Id. 4 Id. 5 Id. See 8 CFR 1240.7(a). Chapter 10 T
Transcript
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Preparing the Cross Service
Package
he individual, or merits hearing is the opportunity for the asylum seeker to present his/her case de novo to an immigration judge. The key evidence to be submitted is the client’s testimony, but additional witnesses and documentary evidence to support that testimony is necessary if available. The pro bono’s last opportunity to submit the evidence is with Cross Service.
Document Preparation and Submission of Cross Service Package 10.1 The Cross Service Package
Preparation is the key to prevailing in an asylum case.1 It is not unusual to have a respondent who cannot speak the language, is unfamiliar with the process, or is suffering from the effects of torture and/or detention.2 Therefore, it cannot be stated strongly enough that using the time between the master hearing and the individual hearing can be the crucial difference between a grant or a denial of relief.3
It is important to understand the rules of evidence for asylum hearings. When
compared to a civil or criminal trial, there is a world of difference. Usually, there are few documents or witnesses. Further, pre-trial discovery is limited. The Federal Rules of Evidence, Federal Rules of Civil Procedure, and the Administrative Procedure Act do not apply to EOIR hearings, although they can be referred to for guidance.4 For practical purposes, an IJ “can receive in evidence any oral or written statement that is material and relevant to any issue in the case”.5 However, it should be remembered that
1 Mark Silverman, Robert Jobe and Larry Katzman, “Winning Asylum Cases”, Immigrant Legal Resource Center,
Chapter 13 (September 1998).
2 Id. at 13-1.
3 Id.
4 Id.
5 Id. See 8 CFR 1240.7(a).
Chapter
10
T
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objections to evidence should be made where appropriate and where significant for creating a record for appeal.6 In reality, the procedural and evidentiary rules work to the benefit of the respondent. Sometimes, they are unable to present much evidence to corroborate their claim. Material that might be excluded in a civil or criminal trial normally will be admitted in immigration proceedings.7
10.2 Preparation of the Cross Service Package
Documentary evidence is very important for the individual hearing. In preparing for the hearing, relevant documents may be obtained that were not submitted with the original asylum claim. Also, witnesses or experts may be located who can corroborate the client’s testimony. The submission of final documents and witnesses is known as “cross service.” The cross service must be received by the IJ and ICE at least 30 business
days before the hearing. There is an opportunity to submit documents after this time by a special motion, but cross service is generally considered the last filing. The format for the cross service package is contained in the EOIR Practice manual at http://www.justice.gov/eoir/vll/OCIJPracManual/ocij_page1.htm.
A cross service package should contain a list of witnesses, including experts, and any additional relevant documents that may have been obtained. See also Chapter 5 for a more detailed list of possible evidence. HRI would like to review the cross service package prior to submission. See sample cross service submission in the Appendices at the end of this chapter.
10.3 Filing the Cross Service with the EOIR
The original cross service package should be filed directly with the Court. The
cross service package can be mailed or hand delivered to the EOIR.
Courier Delivery
Documents can be filed with the EOIR between 8:00 a.m. to 11:30 a.m. and 12:30 p.m. to 3:30 p.m. Documents are not accepted after 3:30 p.m. or by fax. The contact information is:
If the pro bono chooses to mail items to the EOIR, the delivery date must be carefully calculated since the mailbox rule does not apply. ICE and EOIR must physically receive the cross service package at least thirty business days before the trial. HRI recommends pro bonos mail packages to ICE via priority, certified mail, return receipt requested to:
10.4 Filing a Copy of the Cross Service Package with the ICE
A copy of every document filed with the Court must be submitted to the ICE District Counsel’s office. The package can be delivered via mail or hand delivery.
Courier Delivery
The District Counsel is located in the Dallas District Office at:
8101 N. Stemmons Frwy Dallas, TX 75247
Anyone needing to hand deliver a package with the District Counsel’s office should arrive during the hours of operation to the public. The Dallas District Office is open to the public from 6:30 a.m. to 1:00 p.m. Monday, Tuesday, Thursday and Friday (they are closed to the public on Wednesdays).
Individuals needing to deliver packages should not stand in the line. The line is for individuals needing to speak with Information Officers at the Dallas District Office. Instead, he/she should go directly to the security guard at the front of the line. He/she will then be directed inside to the appropriate location.
Mail Delivery
If the pro bono chooses to mail items to ICE, the delivery date must be carefully calculated since the mailbox rule does not apply. ICE and EOIR must physically receive the cross service package at least ten business days before the trial. HRI recommends pro bonos mail packages to ICE via priority, certified mail, return receipt requested to:
Physical Address:
Office of the District Counsel P.O. Box 561363
Dallas, Texas 75356-1363
or
Alternative Mailing Address:
Office of the District Counsel 8101 N. Stemmons Freeway
Dallas, Texas 75247
10.5 Commonly Filed Motions. The following are commonly filed motions for respondents
in removal proceedings. For samples of the following motions, please see the Appendices at the end of the chapter:
1. Motion for Substitution of Counsel. 2. Motion for Continuance. 3. Motion for Telephonic Testimony. 4. Motion for Document Authentication. 5. Motion for Change of Venue. 6. Motion for Late Filing.
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Chapter 10
Preparing the Cross Service Package
Index of Appendices
Appendix 10-A Sample Index of Exhibits and Designation of Witnesses for
Cross Service Package Appendix 10-B Sample Motion for Substitution of Counsel Appendix 10-C Sample Motion for Continuance Appendix 10-D Sample Motion for Telephonic Testimony Appendix 10-E Sample Motion for Document Authentication Appendix 10-F Sample Motion for Change of Venue Appendix 10-G Sample Motion for Late Filing
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Appendix 10-A
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE OF IMMIGRATION REVIEW FOR
THE NORTHERN DISTRICT OF TEXAS
§
§
§
IN THE MATTER OF: §
§
§
§
SUPPLEMENTAL EXHIBITS IN
SUPPORT OF MS. CHAVARRO’S
APPLICATION FOR ASYLUM AND
WITHHOLDING OF REMOVAL
MARTHA ISABEL CHAVARRO
§
§
A98-546-770 §
SUPPLEMENTAL EXHIBITS IN SUPPORT OF
MS. CHAVARRO’S APPLICATION FOR
ASYLUM AND WITHHOLDING OF REMOVAL
Now comes Ms. Martha Isabel Chavarro, Respondent, who files these Supplemental
Exhibits in Support of her Application for Asylum and Withholding of Removal pursuant to
Local Operating Procedure 5 of the Immigration Court for Dallas Texas. Ms. Chavarro hereby
incorporates by reference her Original Affidavit and Exhibits 1-43 (pages 1-236) attached in
support of her I-589 Application For Asylum submitted on August 9, 2004.
Index of Supplemental Exhibits
Exhibit
Number
Description Pages
44 Map: Incidents of Human Rights Violation in Colombia Attributed to FARC
2001 237
45
U.S. Dept. of Homeland Security, U.S. Citizenship and Immigration Services
Resource Information Center, Colombia: Information on Illegal Armed
46 Curriculum Vitae of Dr. Jennifer Holmes 249-254
47 Letter from Mr. Anthony Levatino, Managing Director of the St. Vincent
Center for the Holy Trinity Catholic Church 255-256
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Respectfully submitted,
Brian M. Collins
State Bar No. 24038827
Bradley J. Wyatt
State Bar No. 24047149
Haynes and Boone LLP
901 Main St., Suite 3100
Dallas, TX 75202
Telephone: 214-651-5220
Telecopier: 214-200-0903
ATTORNEYS FOR RESPONDENT,
MS. MARTHA ISABEL CHAVARRO
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing Supplemental Exhibits In Support
Of Ms. Chavarro’s Application For Asylum And Withholding Of Removal was served on the
ICE Office of the District Counsel, 8101 North Stemmons Freeway, Dallas, Texas 75247, via
Federal Express on the 1st day of February, 2005.
Brian M. Collins
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UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE OF IMMIGRATION REVIEW FOR
THE NORTHERN DISTRICT OF TEXAS
§
§
§
IN THE MATTER OF: §
§
§
§
DESIGNATION OF WITNESSES IN
SUPPORT OF MS. CHAVARRO’S
APPLICATION FOR ASYLUM AND
WITHHOLDING OF REMOVAL
MARTHA ISABEL CHAVARRO
§
§
A98-546-770 §
DESIGNATION OF WITNESSES IN SUPPORT OF
MS. CHAVARRO’S APPLICATION FOR
ASYLUM AND WITHHOLDING OF REMOVAL
TO THE HONORABLE JUDGE SIMS:
Now comes Ms. Martha Isabel Chavarro, Respondent, who files this Designation of
Witnesses in Support of her Application for Asylum and Withholding of Removal pursuant to
Local Operating Procedure 5 of the Immigration Court for Dallas Texas as follows:
1. Ms. Martha Isabel Chavarro, Respondent
Address
Telephone Number
Ms. Chavarro will testify regarding her knowledge of the persecution she has
faced in Colombia, as stated in her affidavit filed in support of her I-589
Application for Asylum.
2. Dr. Jennifer S. Holmes
Assistant Professor of Government & Politics and Political Economy
University of Texas at Dallas
P.O. Box 830688
Richardson, Texas 75083-0688
(972) 883-6843
Dr. Holmes has extensive experience studying Colombian political groups and the
FARC in particular. She will testify regarding her knowledge of the current
political situation in Colombia, as well as FARC tactics and operations. Dr.
Holmes will also render an opinion as to the likelihood that Ms. Chavarro would
face persecution on her return to Colombia.
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Respectfully submitted,
Brian M. Collins
State Bar No. 24038827
Bradley J. Wyatt
State Bar No. 24047149
Haynes and Boone LLP
901 Main St., Suite 3100
Dallas, TX 75202
Telephone: 214-651-5220
Telecopier: 214-200-0903
ATTORNEYS FOR RESPONDENT,
MS. MARTHA ISABEL CHAVARRO
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing Designation of Witnesses In
Support Of Ms. Chavarro’s Application For Asylum And Withholding Of Removal was served
on the ICE Office of the District Counsel, 8101 North Stemmons Freeway, Dallas, Texas 75247,
via Federal Express on the 1st day of February, 2005.
Brian M. Collins
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Appendix 10-B
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 1100 COMMERCE STREET
4TH FLOOR, ROOM 404 DALLAS, TEXAS 75242
In the Matter of § § ASHA ADEM ROBA § MOTION FOR WITHDRAWAL/ A098 602 390 § SUBSTITUTION OF COUNSEL §
MOTION FOR WITHDRAWAL/SUBSTITUTION OF COUNSEL
NOW COMES, ASHA ADEM ROBA, Respondent, who files this her Motion for
Withdrawal/Substitution of Counsel and would respectfully say:
I.
The above-captioned matter is currently set for an Individual Hearing on April 5, 2005 at
9:00 a.m.
II.
In accordance with 8 CFR 292.1(a)(2) Elizabeth A. Healy supervised Jesse Shumway in
representing the Respondent at her Master Hearing on November 15, 2004 at 9:00 a.m.
Elizabeth A. Healy is the attorney of record. Said attorney now wishes to withdraw as counsel
since Jesse Shumway has now been licensed to practice in the state of Texas (TX24046841).
Thus, pro bono counsel, Jesse Shumway, will serve as counsel from this point forward.
Elizabeth A. Healy moves to withdraw so that pro bono counsel may substitute in immediately.
Please note EOIR-28 and G-28 attached hereto.
III.
Respondent is aware of the withdrawal of Elizabeth A. Healy and the substitution of
Jesse Shumway, as evidenced by the attached EOIR-28 and G-28, which bears her signature.
She has also been sent a copy of the Motion at her mailing address: 15249 Preston Road
#2111, Dallas, Texas 75248.
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IV.
The Respondent respectfully requests that the Honorable Court grant this Motion on the
above-captioned matter, so that the Respondent may be represented by pro bono counsel,
Jesse Shumway, and then have the opportunity to appear before the Court.
This motion is not sought for delay but only so that justice be done.
The Respondent asks this Honorable Court grant this motion for withdrawal/substitution of
counsel and for such other and further relief as this Court deems to be equitable and just.
Respectfully submitted, ____________________
ELIZABETH A. HEALY TX00791100 Human Rights Initiative 2501 Oak Lawn Ave., Ste. 850 Dallas, Texas 75219 (214) 855-0520 Facsimile: (214) 855-0793 Attorney for Respondent
CERTIFICATE OF SERVICE
This is to certify that on this, the ________ day of January 2005, I caused to be served
this Motion to Withdrawal/Substitution of Counsel via certified, return receipt requested, priority
mail to the Office of the District Counsel, 8101 North Stemmons Freeway, Dallas, Texas 75247.
____________________ ELIZABETH A. HEALY
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Appendix 10-C
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 1100 COMMERCE STREET
4TH FLOOR, ROOM 404 DALLAS, TEXAS 75242
IN THE MATTER OF § § IN REMOVAL PROCEEDINGS NAME § § HON. JUDGE COPELAND A# §
MOTION FOR CONTINUANCE
NOW COMES, NAME, your Respondent in the above-referenced matter, who files this
his/her Motion for Continuance, and respectfully moves this Honorable Court continue this
matter from its present setting, and respectfully says:
I.
This above-referenced matter is currently on the court’s docket for an Individual Hearing
on DATE at TIME.
II.
The Human Rights Initiative of North Texas (HRI) has accepted the Respondent case
and has recently found a pro bono attorney to represent him/her.
III.
HRI has obtained NAME of ATTORNEY, a pro bono attorney to represent the
Respondent. Said Counsel has not previously been before the Executive Office of Immigration
Court. Since this is attorney’s first case before the EOIR, HRI will work with the attorney to
prepare the case for trial.
IV.
NAME of ATTORNEY accepted this case approximately two weeks ago and requires
time to meet with the Respondent and witnesses. Counsel also requires additional time to
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properly prepare his/her case for the Individual Hearing. Causing the matter to go forward on
DATE might prejudice the Respondent’s case. Counsel requests that this matter be set down at
least 60 days out, at a time that is convenient for the Court.
V.
The continuance is not sought for purposes of delay, but that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Respondent respectfully requests the
Honorable Court to continue this matter at a time in the future that is convenient for the Court.
Respectfully submitted,
_____________________ Name of Attorney Bar No. Attorneys for Respondent Contact Info.
CERTIFICATE OF CONFERENCE
I hereby certify that I have/have not conferred with _________________________,
opposing counsel, on this Motion for Continuance, and he/she does/does not oppose said
motion.
_______________________ Name of Attorney
CERTIFICATE OF SERVICE
This is to certify that on this, the _____ day of ______________ 2006, I hand delivered
this Motion for Continuance to ___________________________, opposing counsel, at the
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS, TEXAS
IN THE MATTER OF § §
Name § IN REMOVAL A# § PROCEEDINGS
§ §
RESPONDENT’S MOTION FOR TELEPHONIC TESTIMONY
NOW COMES, NAME, Respondent, who files this her Motion for Telephonic Testimony, and would
respectfully say:
I.
The above-captioned matter is currently set for an Individual Hearing on DATE and TIME of
individual hearing.
II.
The Respondent respectfully requests that the Honorable Court grant permission for Witness
I and Witness II to testify telephonically. Both Mr. Witness I and Mr. Witness II reside in the United
Kingdom.
Mr. Witness I was an MDC Member of Parliament. He is a friend of the Respondent and
also the late xxxxxxx. Mr. Witness I and Mr. xxxxx were attacked with the Respondent and can
testify to the details of the attack. He can also testify that Respondent was under a great deal of
harassment in Zimbabwe because of her close involvement with the MDC party and upper level
members of the party. Mr. Witness I can also testify to the questionable death of Mr. xxxxx and the
reasons he and Respondent were forced to flee Zimbabwe. Mr. Witness I also has up-to-date
knowledge of the danger that Respondent would face if forced to return to Zimbabwe. Please see
Exhibit “8” for a copy of a letter from Mr. Witness, confirming Respondent’s relationship with xxxxx.
Please also see Exhibit “9” for a faxed copy of letter from Mr. Witness I, confirming Respondent’s
membership in the MDC. Both were written on the Respondent’s behalf prior to Mr. Witness I fleeing
to the United Kingdom. Mr. Witness I is currently applying for asylum in the U.K.
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Mr. Witness II is an MDC spokesperson in the U.K. He is responsible for MDC publicity. Mr.
Witness II will verify Respondent’s membership in MDC. Mr. Witness II has personal knowledge that
Respondent’s life was under threat because of her closeness to xxx, Witness I, and xxxxxx. He is
also aware that she was employed at the Swedish Embassy in Zimbabwe. Please see Exhibit “7” for
a copy of a letter from Witness II, confirming Respondent’s membership in the MDC. Mr. Witness II
is an asylee in the U.K.
Ideally, Mr. Witness I and Mr. Witness II will testify from the U.S. Embassy in London. Presently, the
Respondent is attempting to arrange this with the U.S. Embassy in London. Due to communication
difficulty and the time difference, it is uncertain at this time if this can be arranged. In the alternative,
the two individuals will testify telephonically from the official MDC headquarters at xxxxxxxxx, U.K.,
telephone xxxxxxxxxxxxxxxxx. Mr. Witness I is attempting to plan a trip to the United States in early
March. In the event that he is able to do so, he will testify in person.
III.
Respondent respectfully requests that this Honorable Court grant the Motion for Telephonic
Testimony.
WHEREFORE, PREMISES CONSIDERED, the Respondent asks this Honorable Court grant this
Motion for Telephonic Testimony and for such other and further relief as this Court deems to be
equitable and just.
Respectfully submitted, _______________________
Elizabeth A. Healy SBN#00791100 Human Rights Initiative of North Texas, Inc. 2501 Oak Lawn Ave., Suite 850 Dallas, Texas 75219 (214) 855-0520 Fax: (214) 855-0793 Attorney for Respondent
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Appendix 10-E
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Appendix 10-F
United States Department of Justice
Executive Office of Immigration Review For the Northern District of Texas
In the Matter of § § Jose Guadelupe ESCOBAR § Motion for Change of Venue § Motion to Withdraw as Attorney of Record A98 490 688 § Juvenile §
MOTION FOR CHANGE OF VENUE
NOW COMES Yolanda Eisenstein, attorney of record in the above-referenced matter,
who files this Motion for Change of Venue, and respectfully states:
I.
The above-captioned matter is set for a Master Hearing on May 4, 2006, 2006 at 9:30
a.m.
II.
Pursuant to 8 CFR 1003.20, Respondent requests that venue in the above-referenced
matter be changed to the Executive Office for Immigration Review having jurisdiction over new
York, New York for the following reasons: The Respondent has been reunified with Mercedes
Escobar, his aunt. The Respondent has moved to New York, New York to reside with his
family. A change of address has been filed with this court.
III.
Respondent’s family and witnesses are located in New York, New York. Travel to Dallas
by prospective witnesses and family would be cost prohibitive.
V.
Upon moving, the Respondent will reside at c/o Mercedes Escobar; 531 Bond Street #1;
Elizabeth, New Jersey 07206; telephone 908-282-9610.
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VI.
This Motion for Change of Venue is not sought for the purpose of delay, only to see that
justice be done.
VIII.
WHEREFORE, PREMISES CONSIDERED, the Petitioner asks this Honorable Court to
grant the Motion for Change of Venue and for such other and further relief as this Court deems
to be equitable and just.
Respectfully submitted,
________________________ Yolanda Eisenstein TX24045827 Human Rights Initiative 2501 Oak Lawn Ave., Ste. 850 Dallas, Texas 75219 (214) 855-0520 Fax: (214) 855-0793 Attorney for Respondent
CERTIFICATE OF SERVICE
This is to certify that on this ______________________________, I caused to be served this Motion for Change of Venue, by U.S. Mail, certified, return receipt request, to the following:
Mary Agnello Office of the District Counsel
8101 North Stemmons Freeway Dallas, Texas 75247
____________________
YOLANDA EISENSTEIN
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Appendix 10-G
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS, TEXAS IN THE MATTER OF § § NAME § IN REMOVAL A § PROCEEDINGS § §
RESPONDENT’S MOTION REQUESTING LATE FILING NOW COMES, [NAME], Respondent, who files this his Motion Requesting Late Filing
and would respectfully say:
I.
The above-captioned matter is currently set for an Individual Hearing on [DATE] at
[TIME].
II.
The Respondent respectfully requests the Court allow him to submit [description of
document[. [Explanation for late filing.] Respondent does not believe late filing of
document will present an unfair surprise to opposing counsel.
III.
Respondent respectfully moves the Court to grant leave and allow the Respondent to file
[description of document].
WHEREFORE, PREMISES CONSIDERED, the Respondent asks this Honorable Court
grant this Motion Requesting Late Filing and for such other and further relief as this Court
deems to be equitable and just.
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Respectfully submitted, _____________________ Name of Attorney Bar No. Attorneys for Respondent Contact Info.
CERTIFICATE OF CONFERENCE
I hereby certify that I have/have not conferred with _________________________,
opposing counsel, on this Motion Requesting Late Filing, and he/she does/does not oppose said motion. _______________________ Name of Attorney
CERTIFICATE OF SERVICE
This is to certify that on this, the _____ day of ______________ 2006, I hand delivered
this Motion Requesting Late Filing to ___________________________, opposing counsel, at
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