United States Department of Justice s2

ATTORNEY FIRM ADDRESS ADDRESS

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT CHICAGO, ILLINOIS ______IN THE MATTER OF: ) ) CLIENT ) File No: AXXX-XXX-XXX ) ) Next merits hearing: RESPONDENT ) DATE at TIME ______) before the Honorable JUDGE

RESPONDENT'S MOTION TO ALLOW TELEPHONIC TESTIMONY

Respondent, by and through her attorneys, ATTORNEYS, respectfully moves this Court to admit telephonic testimony of an expert witness in her merits hearing.

1. Respondent's merits hearing in her removal proceedings before Judge Giambastiani is scheduled for April 3, 2003.

2. Respondent has retained Dr. Ian Hancock of the University of Texas, Austin, Texas, to testify as an expert witness on the treatment of Romani and Turks in Bulgaria. Dr. Hancock is highly qualified to testify as an expert witness in this matter. (See Dr. Hancock's Curriculum Vitae attached hereto as Exhibit A.)

3. Respondent is indigent and has no means to pay her attorneys or expert witnesses.

4. Respondent's attorneys are representing Respondent pro bono through the auspices of the Midwest Immigrants' and Human Rights Center.

5. ATTORNEYS, representing the client without compensation, have agreed to pay Dr. Hancock's expert witness fee but cannot reimburse Dr. Hancock for the travel and lodging expenses that he would incur in traveling to Chicago to testify.

6. Moreover, Dr. Hancock is out of the country until shortly before Respondent's scheduled merits hearing and will again be traveling abroad shortly after that date. To schedule a trip to Chicago during the limited time in which he will be in the

1 United States between these two trips abroad would be burdensome to Dr. Hancock and would make it difficult for him to meet his many professional responsibilities.

7. Respondent respectfully requests that this Court admit Dr. Hancock's testimony telephonically at her merits hearing.

WHEREFORE, Respondent respectfully requests that this Honorable Court enter an Order admitting the telephonic testimony of Dr. Ian Hancock at Respondent's merits hearing.

Respectfully submitted,

Date: ______ATTORNEY FIRM ADDRESS ADDRESS PHONE FAX

CERTIFICATE OF SERVICE

I, ______, hereby certify that I delivered a copy of Motion to Allow Telephonic Testimony to the Office of the District Counsel, located at 55 East Monroe St., Suite 1700, Chicago, IL 60603-5701, on ______.

______ATTORNEY

2 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT CHICAGO, ILLINOIS

In the Matter of Client Client A Number: XXX-XXX-XXX

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of Counsel’s Motion to Allow Telephonic Testimony, it is HEREBY ORDERED that the motion be _____ GRANTED _____ DENIED because:

_____DHS does not oppose the motion. _____ A response to the motion has not been filed with the Court. _____ Good cause has been established for the motion _____ The Court agrees with the reasons stated in the opposition to the motion. _____ Other:

______Date Immigration Judge