The United States Department of Justice Board of Immigration Appeals recently ruled that a Red Notice “may constitute reliable evidence that indicates the serious nonpolitical crime bar for asylum and withholding of removal applies to an alien.”

This means that the Red Notice itself may be viewed by immigration officials as a sufficient reason to prevent an asylum claim or a withholding of removal claim from even being heard.

The decision, found here, highlights the significance of supplying the immigration officials with any court documents- rather than a lawyer’s statement alone- that support an applicant’s argument that a Red Notice was improperly issued or is otherwise invalid.

The court also held that an applicant has the burden of showing that the Red Notice is not the type of evidence referenced above, once the government has asserted it as such. In order to meet that burden, an applicant would do well to submit a court order substantiating his claim whenever possible. Obviously, it can be quite difficult to obtain court documents in some jurisdictions; when that is the case, the court must be informed of that fact.

It’s always the case that an applicant or litigant can increase her chances of success by educating the court on the true nature of a case. This is accomplished by submitting competent, substantial evidence in support of her position well in advance of a hearing so that the judge has the opportunity to review the evidence ahead of the scheduled hearing.

As always, thoughts and comments are welcomed.