Objection
Asylum Respondent on direct:
A: I was on the corner of my street when two guys approached me.
Q: And then what happened?
What is Objection - calls for Narrative?
Asylum Respondent on direct-examination:
Q: Are you afraid of the government or a non-government actor?
What is Objection - Compound?
SIJ Respondent adjusting status with an approved I-360, with pending charges re possession of Marijuana. Alleged Facts - Respondent was smoking MJ w his friends at the park and was found in possession of a pipe w residue.
Q: You were arrested because of possession of marijuana. A: yes
Q: How much marijuana did you smoke?
How do you overcome this objection if you are the Government attorney?
Bond hearing based on running a red light and potential DUI.
Q: “Don’t lie to me. You were stupid and drunk and ran that red light, didn’t you? Didn’t you? You ran it and didn’t even care.”
What is Objection - Argumentative?
The Government introduces your client's criminal history. It is a print out of the Maricopa County Superior Court Minute Entry reflecting a Change of Plea Hearing.
What is objection - not a certified court record?
AOS Respondent married to a USC Spouse, USC Spouse on the stand.
Q: Do you still love your spouse?
What is Objection - leading?
You could even argue relevance? Spousal petition is based on good faith marriage, but love is not required.
Introducing a Picture into the record during direct.
Q: Is this picture of your family?
What is objection - leading?
42B Special Cancellation of Removal Respondent on re-direct examination:
Q: Sir earlier you testified that your son was Native American, is there a law that prevents you from traveling abroad with your child? A: Yes, ICWA.
Q: What is your understanding of ICWA?
What is objection - calls for opinion? He is not a legal expert.
Can you overcome this?
Bond proceedings, Respondent on cross-examination.
Q: You have two children, correct?
A: yes
Q: Are both your children?
What is objection - asked and answered?
The Respondent introduces an excerpt of book written by Sherlock homes, which is relevant to his case.
What is objection - completeness?
A complete copy of the document (book) should be provided and not just piecemeal, i.e. excerpt.
SIJ applicant that is approved and adjusting status before the immigration judge.
Q: Why were you abandoned by your mother?
What is objection relevance?
Respondent seeking Voluntary Departure on direct.
Q: Have you ever been arrested?
A: Yes I was arrested last year.
Q: Did the court order you to do any classes?
What is objection - foundation?
42A Cancellation of Removal Respondent presenting hardship evidence: USC father has bipolar disorder.
Q: Do you have family in the US? A: Yes, USC father
Q: How old is your USC father? A: 81 years old
Q: How many times has your father been married?
What is objection - relevance? Foundation?
How can you overcome this question? Why would it matter how many times the father has been married?
Q: The law requires that you pay your own trip back to your home country, are you able to pay for your own trip and if so, how would you do so?
What is objection - compound?
What is objection - witness needs to be available for cross-examination?
Cancellation of Removal 42A applicant, with a dismissed DV charge, on cross-examination:
Q: Why did you hit your wife? A: I had just gotten out of the shower, my kid cried, I opened the door and saw my wife hit my daughter, and I had the belt in my hand, my instinct was to hit to stop her.
Q: Is your instinct always to hit? A: NO
Q: But you just said your instinct was to hit?
What is Objection - not a question?
What is Objection - Argumentative?
Asylum Respondent on cross-examination:Q
Q: Sir earlier in your testimony you indicated that you fear from El Chapo, is that correct? A: yes
Q: El Chapo is currently detained in the US.
What is objection - statement not a question?
Detained Respondent is mentally unstable, you had a Franco/Matter of M-A-M- hearing and the judge has ordered a psychological evaluation. COVID hits, no psychologist wants to see your client in detention.
ICE submits a medical mental health report,"Patient is well-groomed, no fever, blood pressure normal, states he feels well and understands why he is detained. Patient is competent."
What is objection - this is not a mental health evaluation?
What is needed for a mental health evaluation? Childhood history, substance abuse, medical history, criminal history, situational factors, ect. A well-ness check is not a mental health evaluation.
TPS de novo review Respondent on direct examination:
Q: What country are you from? A: El Salvador
Q: Did you ever work in El Salvador
What is objection - Relevance?
I move this Photograph for ID purposes, on direct:
Q: Where was this photo taken? A: in Phx, AZ Q: When was the photo taken? A: October 12, 2020 Q: What is the photo of?A: ASU Sparky Q: Who took the photo? A: I did
I move this exhibit into the record.
Assuming relevant, fundamentally fair, foundation were established - What is missing?
Does this picture accurately represent an ASU Sparky!!! FORK'EM!
AOS Respondent through USC son with an approved I-130, Family petition, which is in the record.
Q: Do you have any children?
A: Yes, I have a son
Q: What is his citizenship?
What is objection - Cummulative?
Now this could also overcome indicating foundation, but if it is already in the record, the Judge may ask you to move on.
Cancellation of Removal 42B Mexican Respondent with a Mexico special education expert.
Q: How many years have you studied special education? A: 15
Q: Have you ever been to Mexico? A: Yes, I went a few times on vacation.
What is Objection - improper expert?
It appears that the expert has not studied Special Education in Mexico, and is instead an expert in US special ed.
Respondent is trying to introduce evidence after the call-up date at the Individual hearing. DHS objects based on the evidence being late. What ways can you potentially overcome this?
What is an oral motion to accept late filing?
What is the Respondent didn't get it till after the call-up date?
What is the Department is not prejudiced?
Special Cancellation of Removal 42B case, psychological expert on the stand regarding domestic violence and the impact towards children.
Q: Will her daughter be abused in the future?
What is objection - calls for speculation?
Respondent has provided a copy of his baptismal certificate to the court. The Respondent is seeking adjustment of status through SIJ.
What is Objection - Best Evidence Rule.
What is the best evidence? Original baptismal certificate - or perhaps his BC or Passport?