Document Type
Blog Post
Publication Date
4-2026
Abstract
This Article examines the admission of hearsay evidence in immigration courts, where judges apply a flexible “probative and fundamentally fair” standard rather than the Federal Rules of Evidence. The Article identifies a lack of clear doctrinal guidance and resulting disparities across cases. To address this gap, the Article proposes a structured four-factor framework focusing on reliability, corroboration, opportunity for rebuttal, and outcome centrality to better ensure consistent and fair adjudication.
Recommended Citation
Romano, Joseph, "BRINGING ORDER TO CHAOS: HEARSAY RULES IN IMMIGRATION COURTS" (2026). Immigration Law Blog. 22.
https://insight.dickinsonlaw.psu.edu/ilsblog/22