[0:11]Hello. My name is Natasha Williams. I'm an attorney advisor at the El Paso Immigration Court, which is part of the Department of Justice's Executive Office for Immigration Review. Also known as E O I R or E O I R created this video for you as part of our Model Hearing Program, also known as M H P. A program designed to help you get a better idea of what to expect when representing a non-citizen in hearings before E O I R. Please note that this video is actually part three of a three-part series. I encourage you to head back to our channel and watch the introductory and Model Master Calendar Hearing videos if you have not already done so. As they provide some foundational information that will provide context while viewing this video. I also encourage you to review the mock record of proceedings created for this case prior to watching the model hearing. The mock record of proceedings, commonly referred to as R O P or rope, is available on Icore and contains a form I862, known as a notice to appear, which is a document that the Department of Homeland Security issues to individuals and files with the Immigration Court to start immigration proceedings. It also contains a form I 213, titled Record of deportable or inadmissible alien, which D H S uses to set out allegations about the individual's status as a non-citizen of the United States and the individual's removability.
[2:01]Please note while reviewing the R O P, that there are not sample documents for all items of supporting evidence that would be included in the respondent's filing. Instead, there's an annotated table of contents, which identifies each document included in the filing and where needed, explains the content you would expect to find in each document. Many respondents and Immigration Court identify a language other than English for proceedings, and E O I R will provide an interpreter so each respondent can participate in proceedings in the language they best understand. In this video, there is no interpreter. You see the respondent wearing a headset, like those used for simultaneous interpretation, and you will hear the Immigration Judge introduce a court interpreter and speak to the respondent as though an interpreter were participating. But again, there is no interpreter present in the recording. We included this piece to provide you with a sense for how the Immigration Judge wouldn't interact with the respondent when using an interpreter. To best grasp the idea of how the interpreter would perform their role in the proceedings, try to visualize that the interpreter is simultaneously interpreting everything said during the proceedings through the respondent's headset. Also understand that a respondent speaking through an interpreter would be answering in their native language to allow the interpreter to then interpret the respondent's words into English for the court record. Now, before we begin the hearing, a quick disclaimer. Information provided in this video is intended solely as an educational resource for legal advocates to improve the quality of advocacy before the immigration courts. Information presented does not replace case law or any E O I R policy or publication and may not be construed to create or limit any rights enforceable by law. Information provided as part of the M H P, either in writing or spoken, is not legal advice and does not constitute any legal opinion by the Department of Justice or the Department of Homeland Security. The case scenarios included in the M H P are fictional. Any resemblance to actual persons living or dead or actual cases is purely coincidental. Nothing in this video or its associated materials should be construed as mandating a particular outcome in any specific case. The individual hearing modeled in this video is for John Doe, the respondent, who is a native and citizen of Nicaragua. In April of 2018, when Mr. Doe was a university student, the Sandinista government announced social security reforms. In response to the announcement, Mr. Doe began participating in peaceful anti-government protests with friends and classmates. During the period between April 2018 and June 2018, government supporters physically harmed Mr. Doe at a protest where police were present, and the respondent was twice detained and interrogated by Nicaraguan police. Mr. Doe eventually completely stopped participating in and providing aid to the protest. But Nicaraguan police did not stop looking for him, including going to his home. Fearing that he would no longer be safe at home, Mr. Doe fled to the United States and entered by crossing the Rio Grande near Laredo, Texas. Mr. Doe is seeking asylum in the United States based on the claim that he has been and will be persecuted in Nicaragua on account of his political opinion. Let's rejoin Mr. Doe and begin our individual hearing. Transcriber, we are on the record. Today's date is October 28, 2021. This is United States Immigration Judge Lauren Piero, sitting in Newark, New Jersey. These are continued removal proceedings in the matter of John Doe, Case number 1 2 3, 4 5 6, 7 8 9. The respondent is present in court today with counsel. Counsel, please take your appearance for the record. Priya Ahmed for the respondent, Your Honor. Thank you. And for the government? Natasha Williams for the Department of Homeland Security. Good afternoon to you both. Good afternoon, Your Honor. To the respondent, good afternoon, sir. At the last hearing you designated Spanish as your best language. Do you still wish to continue in the Spanish language today? Good afternoon, Your Honor. Yes, I do. Based on the respondent's answer, today's hearing will be interpreted into and from the Spanish language. Isabel Interpreter is the official interpreter for the Immigration Court, who will be providing Spanish interpretation and need not be sworn in. To the respondent, can you hear the interpreter clearly? Yes. Do you understand the interpreter? Yes. If at any point in time you have any difficulty hearing or understanding the interpreter, please let me know immediately. Yes. Thank you. At this time I'm going to ask you to please stand and raise your right hand in order to be sworn. Do you solemnly swear or affirm that the testimony you will provide in these proceedings will be the truth, the whole truth, and nothing but the truth? Yes, I do. Thank you. You may be seated. Can I ask you please to state your full and true name for the record? John Doe. Thank you. Now, at the last hearing, you told me that it is proper to call you Mr. Doe. Is it still appropriate to call you Mr. Doe? Yes. Thank you. And are you still living at 1539 Landover Road, Newark, New Jersey, 07101, with the phone number of 987-654-3210? Yes. Now, today you have appeared with Miss Priam Ahmed, who is seated next to you. Do you still wish for Miss Priam Ahmed to be your attorney and represent you today? Yes, I do. Okay. Thank you. Very good. Now, we are here today for the merits of the respondent's application for relief from removal. Specifically, before the court is the respondent's application for asylum, withholding of removal under the Immigration and Nationality Act, and protection under the United Nations Convention Against Torture. To the government, are the biometrics current and up to date? Yes, Your Honor. Then we may proceed. The court has a number of documents in the record, which it will now mark for identification. Previously marked as Exhibit 1 for identification is a form I 862, Notice to Appear, which is dated August 18th, 2018. Exhibit 2 for identification is the non-citizen's form I 213, which is titled Record of deportable or inadmissible alien. Finally, Exhibit 3 is the respondent's application for asylum, withholding of removal and protection under the UN Convention against torture, along with supporting documents indexed in tabs as tabs A through N, which includes the respondent's I 589, proof of biometrics completion, the respondent's identity documents, the respondent's personal statement, supporting documentation and background materials. Does either party have any objections to exhibits 1 through 3 for identification? Yes, Your Honor. The department asks that you will give diminished weight to any declarations authored by persons who are not available for cross-examination. I see declarations by the respondent's neighbor and mother at Exhibit 3 tab G and H. Are those the ones that you're referring to? Yes, Your Honor. Thank you. The objection goes to weight and not admissibility. The court will admit the documents and give them the appropriate weight. Are there any other objections or evidence to be filed by the parties? No, Your Honor. No, Your Honor. Counsel, do you have any changes to make to the respondent's application for asylum under Exhibit 3 A? No, Your Honor. To the respondent, I have received and reviewed your application for asylum. Do you know the document I'm referring to? Yes. Did someone fluent in English and Spanish help you complete the form? Yes. Are you familiar with the contents of your asylum application? Yes. Do you have any changes to make to that application? No, Your Honor. Are you familiar with the documents filed in support of your asylum application? Yes. Do you understand that if you are determined to have knowingly made a frivolous application for asylum, you will be permanently ineligible for any benefits under the Immigration and Nationality Act, and that you may not avoid a frivolous finding simply because someone advised you to provide false information in your asylum application? I understand. I have previously provided counsel with a copy of the asylum application under Exhibit 3 A. Could you kindly show it to the respondent? Sir, I am now going to ask you to sign your application to certify that everything is true and correct. Do you swear or affirm that the contents of this application, including the documents submitted in support of the application, are true and correct to the best of your knowledge? Yes, I do. Can you please sign your name by the X? And now, counsel, if you can approach for the court signature. Thank you. I am now going to be signing a copy of the application as well to establish that the respondent acknowledge knowing the contents of the application, and that everything is true. Thank Thank you. You can resume your seat. I have not seen a witness list filed by either party. So my understanding is that the respondent will be the sole testifying witness today. Is that correct? Correct, Your Honor. Yes, Your Honor. Have the parties had the opportunity to discuss the case and narrow any issues? Yes, Your Honor. The parties agreed that there is no one year issue in this case. Very good. To the respondent, we will be taking your testimony now. You will be asked a series of questions first by your attorney, then by the attorney for the Department of Homeland Security. If you do not understand a question, it is very important that you let us know so that we can explain it or say it in a different way. If you do not know or remember the answer to a question, please say that you do not know or you do not remember. Please do not guess. Also, please answer all of the questions with your voice. If you shake your head without using your voice, I might not know what you mean, and also we need to hear your voice so that we can record your answer. Do you understand that? Yes, Your Honor. Also, please remember that we are using an interpreter today. So you will want to speak slowly and clearly. It is important for us to understand everything that you need to tell us. So please, if you have a long answer to a question, take breaks during your answer so that the interpreter can interpret your answer without missing anything. The interpreter may raise a hand to ask you to pause for a moment. If at any point in time you do not understand the interpreter, again, please let us know. Okay. Counsel for respondent. If you are ready, you may proceed. Thank you, Your Honor. May I make a brief opening statement? You may. Thank you. The respondent came to the United States because he was the victim of persecution on account of his political opinion. He timely applied for asylum and has no bars to asylum. He continues to have a well-founded fear of persecution if he returns to Nicaragua. He also merits relief as a matter of discretion. For these reasons, the respondent respectfully requests that you grant his application for asylum under I N A section 208. Thank you. To the government? No opening statement needed, Your Honor. All right. So then we're ready to proceed with direct examination. I'm going to ask the respondent to please take the witness stand.
[14:16]Good afternoon. Would you please state your name for the record? Good afternoon. My name is John Doe. Where are you from? Nicaragua. What is your highest level of education? I was studying political science and public management at my university. Did you graduate? No. Why not? I had problems with the government in Nicaragua and I had to leave. When did your problems begin? In April 2018. What happened in April 2018? I had been frustrated with President Ortega and the Sandinista government and I hit a tipping point when they announced social security reforms that were really unfair. What, if anything, did you do as a result of your frustrations? I began protesting. When was the first protest that you participated in? April 18th, 2018. What did protesting involve? I would join with other protesters and would hold signs and chant. What did your signs and chants say? Things like shame on you, Ortega, resign now, and no authority measures. What were you wearing to the protest? A white T-shirt and jeans. I am showing you some photographs which are marked as Exhibit 3 I. Do you recognize them? Sir, if you could kindly view the monitor. They are going to be coming on screen. Uh, yes, that's me in the photo. You said that you joined with other protesters, and we can see others in the photos from the protest. Who were the other protesters? I went with some of my friends and classmates from school, and there were other people from the community protesting as well, and the Sandinista youth were there counter-protesting. Who are the Sandinista youth? They are a youth group that strongly supports President Ortega. What happened at that first protest? My group was peaceful, and just we just showed our signs and chanted our messages. And the rest of the anti-government protesters that I saw were also peaceful, but the Sandinista youth were violent. They began throwing rocks at us. Did the rocks hit anyone? Yes. I I saw several people who were hit, and then I was hit, too. Please describe where the rock hit you. Right here. For the record, I'm noting that the respondent is currently placing his left hand on top of his left side of his head near his forehead.
[16:51]Counsel, you can continue. What did you feel after the rock hit your head? My head hurt where it hit me, and I felt cloudy, dizzy. Did you stay at the protest after you began feeling cloudy and dizzy? No, I I didn't. One of my friends grabbed my hand after I was hit and led me out of the crowd, and a few of them helped me get home. Did you seek medical attention for your injury? Uh, yes. I I went to my doctor. What was the doctor's diagnosis? I had a mild concussion. What were the symptoms you were having, and how long did they last? I had a headache, and I felt nauseated for a few days before I got better. Did you go to the police about the Sandinista youth throwing a rock at you? No, uh, I didn't. Why didn't you go to the police? Because they saw it happen, and they didn't do anything. What do you mean when you say that the police saw it happen? Well, there were police officers there at the protest. They saw the Sandinista youth throwing rocks at us, but they didn't stop them. Did you attend any other protests after that? Yes. How many? I don't know how many exactly. Right after the first one, I was going to protest once or twice a week. And then things got more violent, and I started having problems with the police, so I I had to stop. What do you mean when you say that you started having problems with the police? In early May, I was on my way to a protest when the police stopped me and took me to the police station to ask me questions. That was early May 2018, correct? Uh, yes, that is correct. Was anyone with you when the police stopped you in early May 2018? No, I was alone. Do you know why the police stopped you? I don't know. I was just walking with my sign, and they stopped me and told me to go with them to the police station. How did you get to the police station? In the police car. What happened at the police station? They held me there and questioned me about the demonstrations. They wanted to know what group I was with, and told me I need to stop demonstrating because it was going to create problems. What did you say when they asked you what group you were with? I told him I wasn't part of any group really. It was just students and community members protesting. Do you belong to any political parties? No, I don't. I'm against the Sandinista government, but I'm not part of any formal political party or anything. You mentioned that the police told you that you needed to stop demonstrating because it was going to create problems. What did you understand that to mean? Well, at the time I didn't really know what to think. I knew it sounded bad, but I I didn't know what to think. Did the police physically harm you while they detained you? That time, no. How long were you detained? About six hours. What led to you being released? Nothing. They just let me go. Did you continue participating in protests after you were detained? Yes. How many? I don't know how many exactly. Right after the first one, I was going to protest once or twice a week. And then things got more violent and I started having problems with the police, so I I had to stop. What do you mean when you say that you started having problems with the police? In early May, I was on my way to a protest when the police stopped me and took me to the police station to ask me questions. That was early May 2018, correct? Uh, yes, that is correct. Was anyone with you when the police stopped you in early May 2018? No, I was alone. Do you know why the police stopped you? I don't know. I was just walking with my sign, and they stopped me and told me to go with them to the police station. How did you get to the police station? In the police car. What happened at the police station? They held me there and questioned me about the demonstrations. They wanted to know what group I was with and told me I need to stop demonstrating because it was going to create problems. What did you say when they asked you what group you were with? I told him I wasn't part of any group really. It was just students and community members protesting. Do you belong to any political parties? No, I don't. I'm against the Sandinista government, but I'm not part of any formal political party or anything. You mentioned that the police told you that you needed to stop demonstrating because it was going to create problems. What did you understand that to mean? Well, at the time I didn't really know what to think. I knew it sounded bad, but I I didn't know what to think. Did the police physically harm you while they detained you? That time, no. How long were you detained? About six hours. What led to you being released? Nothing. They just let me go. Did you continue participating in protests after you were detained? Yes. How many? I don't know how many exactly. Right after the first one, I was going to protest once or twice a week. And then things got more violent and I started having problems with the police, so I I had to stop. What do you mean when you say that you started having problems with the police? In early May, I was on my way to a protest when the police stopped me and took me to the police station to ask me questions. That was early May 2018, correct? Uh, yes, that is correct. Was anyone with you when the police stopped you in early May 2018? No, I was alone. Do you know why the police stopped you? I don't know. I was just walking with my sign, and they stopped me and told me to go with them to the police station. How did you get to the police station? In the police car. What happened at the police station? They held me there and questioned me about the demonstrations. They wanted to know what group I was with and told me I need to stop demonstrating because it was going to create problems. What did you say when they asked you what group you were with? I told him I wasn't part of any group really. It was just students and community members protesting. Do you belong to any political parties? No, I don't. I'm against the Sandinista government, but I'm not part of any formal political party or anything. You mentioned that the police told you that you needed to stop demonstrating because it was going to create problems. What did you understand that to mean? Well, at the time I didn't really know what to think. I knew it sounded bad, but I I didn't know what to think. Did the police physically harm you while they detained you? That time, no. How long were you detained? About six hours. What led to you being released? Nothing. They just let me go. Did you continue participating in protests after you were detained? Yes. How many? I don't know how many exactly. Right after the first one, I was going to protest once or twice a week. And then things got more violent and I started having problems with the police, so I I had to stop. What do you mean when you say that you started having problems with the police? In early May, I was on my way to a protest when the police stopped me and took me to the police station to ask me questions. That was early May 2018, correct? Uh, yes, that is correct. Was anyone with you when the police stopped you in early May 2018? No, I was alone. Do you know why the police stopped you? I don't know. I was just walking with my sign, and they stopped me and told me to go with them to the police station. How did you get to the police station? In the police car. What happened at the police station? They held me there and questioned me about the demonstrations. They wanted to know what group I was with and told me I need to stop demonstrating because it was going to create problems. What did you say when they asked you what group you were with? I told him I wasn't part of any group really. It was just students and community members protesting. Do you belong to any political parties? No, I don't. I'm against the Sandinista government, but I'm not part of any formal political party or anything. You mentioned that the police told you that you needed to stop demonstrating because it was going to create problems. What did you understand that to mean? Well, at the time I didn't really know what to think. I knew it sounded bad, but I I didn't know what to think. Did the police physically harm you while they detained you? That time, no. How long were you detained? About six hours. What led to you being released? Nothing. They just let me go. Did you continue participating in protests after you were detained? Yes. How many? I don't know how many exactly. Right after the first one, I was going to protest once or twice a week. And then things got more violent and I started having problems with the police, so I I had to stop. What do you mean when you say that you started having problems with the police? In early May, I was on my way to a protest when the police stopped me and took me to the police station to ask me questions. That was early May 2018, correct? Uh, yes, that is correct. Was anyone with you when the police stopped you in early May 2018? No, I was alone. Do you know why the police stopped you? I don't know. I was just walking with my sign, and they stopped me and told me to go with them to the police station. How did you get to the police station? In the police car. What happened at the police station? They held me there and questioned me about the demonstrations. They wanted to know what group I was with and told me I need to stop demonstrating because it was going to create problems. What did you say when they asked you what group you were with? I told him I wasn't part of any group really. It was just students and community members protesting. Do you belong to any political parties? No, I don't. I'm against the Sandinista government, but I'm not part of any formal political party or anything. You mentioned that the police told you that you needed to stop demonstrating because it was going to create problems. What did you understand that to mean? Well, at the time I didn't really know what to think. I knew it sounded bad, but I I didn't know what to think. Did the police physically harm you while they detained you? That time, no. How long were you detained? About six hours. What led to you being released? Nothing. They just let me go. Did you continue participating in protests after you were detained? Yes. How many? I don't know how many exactly. Right after the first one, I was going to protest once or twice a week. And then things got more violent and I started having problems with the police, so I I had to stop. What do you mean when you say that you started having problems with the police? In early May, I was on my way to a protest when the police stopped me and took me to the police station to ask me questions. That was early May 2018, correct? Uh, yes, that is correct. Was anyone with you when the police stopped you in early May 2018? No, I was alone. Do you know why the police stopped you? I don't know. I was just walking with my sign, and they stopped me and told me to go with them to the police station. How did you get to the police station? In the police car. What happened at the police station? They held me there and questioned me about the demonstrations. They wanted to know what group I was with and told me I need to stop demonstrating because it was going to create problems. What did you say when they asked you what group you were with? I told him I wasn't part of any group really. It was just students and community members protesting. Do you belong to any political parties? No, I don't. I'm against the Sandinista government, but I'm not part of any formal political party or anything. You mentioned that the police told you that you needed to stop demonstrating because it was going to create problems. What did you understand that to mean? Well, at the time I didn't really know what to think. I knew it sounded bad, but I I didn't know what to think. Did the police physically harm you while they detained you? That time, no. How long were you detained? About six hours. What led to you being released? Nothing. They just let me go. Did you continue participating in protests after you were detained? Yes. How many? I don't know how many exactly. Right after the first one, I was going to protest once or twice a week. And then things got more violent and I started having problems with the police, so I I had to stop. What do you mean when you say that you started having problems with the police? In early May, I was on my way to a protest when the police stopped me and took me to the police station to ask me questions. That was early May 2018, correct? Uh, yes, that is correct. Was anyone with you when the police stopped you in early May 2018? No, I was alone. Do you know why the police stopped you? I don't know. I was just walking with my sign, and they stopped me and told me to go with them to the police station. How did you get to the police station? In the police car. What happened at the police station? They held me there and questioned me about the demonstrations. They wanted to know what group I was with and told me I need to stop demonstrating because it was going to create problems. What did you say when they asked you what group you were with? I told him I wasn't part of any group really. It was just students and community members protesting. Do you belong to any political parties? No, I don't. I'm against the Sandinista government, but I'm not part of any formal political party or anything. You mentioned that the police told you that you needed to stop demonstrating because it was going to create problems. What did you understand that to mean? Well, at the time I didn't really know what to think. I knew it sounded bad, but I I didn't know what to think. Did the police physically harm you while they detained you? That time, no. How long were you detained? About six hours. What led to you being released? Nothing. They just let me go. Did you continue participating in protests after you were detained? Yes. How many? I don't know how many exactly. Right after the first one, I was going to protest once or twice a week. And then things got more violent and I started having problems with the police, so I I had to stop. What do you mean when you say that you started having problems with the police? In early May, I was on my way to a protest when the police stopped me and took me to the police station to ask me questions. That was early May 2018, correct? Uh, yes, that is correct. Was anyone with you when the police stopped you in early May 2018? No, I was alone. Do you know why the police stopped you? I don't know. I was just walking with my sign, and they stopped me and told me to go with them to the police station. How did you get to the police station? In the police car. What happened at the police station? They held me there and questioned me about the demonstrations. They wanted to know what group I was with and told me I need to stop demonstrating because it was going to create problems. What did you say when they asked you what group you were with? I told him I wasn't part of any group really. It was just students and community members protesting. Do you belong to any political parties? No, I don't. I'm against the Sandinista government, but I'm not part of any formal political party or anything. You mentioned that the police told you that you needed to stop demonstrating because it was going to create problems. What did you understand that to mean? Well, at the time I didn't really know what to think. I knew it sounded bad, but I I didn't know what to think. Did the police physically harm you while they detained you? That time, no. How long were you detained? About six hours. What led to you being released? Nothing. They just let me go. Did you continue participating in protests after you were detained? Yes. How many? I don't know how many exactly. Right after the first one, I was going to protest once or twice a week. And then things got more violent and I started having problems with the police, so I I had to stop. What do you mean when you say that you started having problems with the police? In early May, I was on my way to a protest when the police stopped me and took me to the police station to ask me questions. That was early May 2018, correct? Uh, yes, that is correct. Was anyone with you when the police stopped you in early May 2018? No, I was alone. Do you know why the police stopped you? I don't know. I was just walking with my sign, and they stopped me and told me to go with them to the police station. How did you get to the police station? In the police car. What happened at the police station? They held me there and questioned me about the demonstrations. They wanted to know what group I was with and told me I need to stop demonstrating because it was going to create problems. What did you say when they asked you what group you were with? I told him I wasn't part of any group really. It was just students and community members protesting. Do you belong to any political parties? No, I don't. I'm against the Sandinista government, but I'm not part of any formal political party or anything. You mentioned that the police told you that you needed to stop demonstrating because it was going to create problems. What did you understand that to mean? Well, at the time I didn't really know what to think. I knew it sounded bad, but I I didn't know what to think. Did the police physically harm you while they detained you? That time, no. How long were you detained? About six hours. What led to you being released? Nothing. They just let me go. Did you continue participating in protests after you were detained? Yes. How many? I don't know how many exactly. Right after the first one, I was going to protest once or twice a week. And then things got more violent and I started having problems with the police, so I I had to stop. What do you mean when you say that you started having problems with the police? In early May, I was on my way to a protest when the police stopped me and took me to the police station to ask me questions. That was early May 2018, correct? Uh, yes, that is correct. Was anyone with you when the police stopped you in early May 2018? No, I was alone. Do you know why the police stopped you? I don't know. I was just walking with my sign, and they stopped me and told me to go with them to the police station. How did you get to the police station? In the police car. What happened at the police station? They held me there and questioned me about the demonstrations. They wanted to know what group I was with and told me I need to stop demonstrating because it was going to create problems.
