![]() While people often have different recollections of events–even dramatic events–the fact finder in an asylum case will likely draw a negative inference from inconsistent statements, and this could cause the application to be denied as not credible. For this reason, it is important to compare the witness letters with the applicant’s affidavit (and his other evidence) to ensure consistency. I would rather submit no letter than an inconsistent letter. Unless they are consistent with the applicant’s affidavit, they will harm the case. ![]() Of course, this assumes that the applicant has also included evidence that he attended that school. Also, if the witness and the applicant know each other from school, for example, it would be nice to have some evidence that the witness attended the school (like a transcript). ![]() Also, the longer the letter, the greater the possibility for inconsistencies.įinally, I prefer that the witness include a copy of her photo ID (passport, work ID, school ID, etc.). I prefer that the witness gets to the point and doesn’t waste time with irrelevant information, so hopefully that leads to shorter letters. My hope is that the letters will be under one page, though sometimes more space is necessary if a witness has a lot of information. My clients often ask about how long the letter should be. A better letter might say, “Please don’t return to Ethiopia, as the police came to the house on Maand they asked about you.” We want specific information about why it is dangerous, not general, conclusory statements that really tell us nothing. I also hate when witnesses give me general statements, like “Please don’t return to Ethiopia, it is dangerous here.” Not helpful. Secondhand information is admissible, but most fact finders will give such information little weight. Did the witness see the applicant engage in political activity? Did she see the applicant get arrested? Did she see the applicant’s injuries after he was released from detention? The witness should write what she saw (and the date that she saw it). Here is what I know…”Īlso, I prefer that the witness write about what she has seen with her own eyes. X asked me to write what I know about his problems in Cameroon. One way to start this section of the letter is like this: “Mr. Who cares? Instead, the witness should mention what he or she knows about the case. I can’t tell you how many witness letters I’ve seen where the witness rambles on about how he hopes everything is fine in America and that he is praying for the applicant. Next, the witness should list what they know about the applicant’s claim–here, the attorney should emphasize to the witness (or the applicant who will relay it to the witness) that she should focus on the legally relevant facts. There’s no excuse for failing to get witness letters. ![]() X and I met in the church choir in 2003.”). Then she should describe how she knows the applicant (for example, “Mr. I prefer that the witness states her name, address, phone number, and email address. ![]() While this may seem like a no-brainer, you’d be surprised how many witnesses don’t include this information. So what makes a good witness letter?įirst, the witness needs to identify herself and state how she knows the applicant. Often times, the only evidence that is reasonably available is a letter from a witness. Under the REAL ID Act, asylum applicants are required to obtain evidence where such evidence is reasonably available. One key piece of evidence in most asylum cases is the witness letter. ![]()
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |