The New York Times published an editorial calling for more transparency within Customs and...
American Immigration Council v. DHS and USCIS |
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Thu, Mar 21, 2013 Entire Document Production, August 13, 2012
Key documents:
Pages 2-4: Seating policy- Email directives from 2010 and 2011 regarding policy of allowing attorneys to sit next to their clients and concern that some field offices are not incompliance.
Pages 67-74: Representation overseas- Email correspondence regarding representation of refugees overseas (note that USCIS did not release the “old counsel opinion” referenced in an email).
Pages 117-118, Pages 1670-1671: Directive to review AIC and AILA’s proposed revisions to the AFM
Pages 967-968: Stalled review of the AFM: email correspondence indicating there is “a lot of interest” in amending the counsel provisions of the AFM and an explanation that the amendment process was stalled in 2007.
Page 1355: “Just trying to get this right – esp. given I-797 fiasco”- A redacted 2011 email (probably regarding amendments to the AFM) with the title “Just trying to get this right – esp. given I-797 fiasco.”
Page 1862: Beneficiary’s right to representation: Email clarifying that the beneficiary may be represented, and recognizing that “it has become an issue in one office.”
Document Production, January 31, 2013
Power Point Presentation, “USCIS Adjudicator Interaction with Private Attorneys and Representatives.” The presentation includes “Techniques for Handling Difficult Attorneys,” “Responses for Common Attorney Objections,” and hypothetical scenarios.
Memorandum entitled, “Representation of an Applicant for Admission to the United States as a Refugee During an Eligibility Hearing” (Nov. 9, 1992). This memo provides INS’s legal justification for depriving refugees the right to counsel during an eligibility hearing abroad. The memo supersedes a 1986 memo (see below) which had concluded that refugees should be afforded access to counsel.
E-mails discussing procedures in Hartford, Connecticut
First set of e-mails
Second set of e-mails
Policies on interviews. This document appears to pertain to policies in the Hartford, Connecticut USCIS office and to respond to issues raised by AILA.
“Know Your Rights” materials. These documents contain information for the public about “Immigration Consultants” and suggestions to help protect individuals from becoming victims of fraud.
Memorandum entitled, “Access to U.S. Citizenship and Immigration Services Spaces/Information” (August 3, 2009). This memo, authored by the New York District Director, describes district-wide policies on access to internal spaces and case specific information.
Email regarding policies when attorneys are late or do not appear for an interview. This email describes the policy at the Hartford, Connecticut office.
Memorandum entitled, “Role of Consultants in the Credible Fear Interview” (Nov. 14, 1997). This memo describes who may be a consultant and the consultant’s role during the credible fear interview.
Letters to officers selected to be on “the I-485 team.”
Documentation Production, March 20, 2013
Memorandum entitled, “Representation in Section 207 Processing” (Jan. 14, 1986). This INS memo concludes that an applicant for refugee status has the right to be represented. It was superseded by a 1992 memo (see above).
Document Production, April 12, 2013
Document Production, May 13, 2013
Document Production, December 30, 2013
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