Practice Advisory: Rules of Evidence in Immigration Court Proceedings

Last Updated

March 13, 2020

This practice advisory is intended to provide guidance to immigration court practitioners on the evidentiary standards that apply in immigration court proceedings, as well as tips on how to make and respond to objections in order to protect clients’ due process rights. It covers the burdens of proof in immigration court, provides an overview of rules of evidence and how these rules play out in immigration court, discusses procedural and filing rules in immigration court, and offers practice tips for making and responding to objections in immigration court. For a related resource, see the Practice Pointer: Refreshing Recollection in Immigration Court Proceedings.