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LAC Practice Advisory on Dent v. Holder and Obtaining Documents While in Removal Proceedings

Released on Wed, Jun 13, 2012

Practice Advisory on Dent v. Holder and Obtaining Documents from
the Government While in Removal Proceedings

Washington, D.C.—The Legal Action Center (LAC) is pleased to announce the issuance of a new Practice Advisory, Dent v. Holder and Strategies for Obtaining Documents from the Government During Removal Proceedings.

In Dent v. Holder, the Ninth Circuit found that the Immigration and Nationality Act (INA) requires the government to turn over copies of documents in a respondent’s Alien File (A-file) in cases where removability is contested. Significantly, the court held that the respondent’s access to his or her records is not conditioned on filing a request under the Freedom of Information Act. This Practice Advisory discusses the Ninth Circuit’s decision and offers strategies for making document requests pursuant to the INA and due process, both in the Ninth Circuit, where Dent is binding authority, as well as outside the Ninth Circuit. 

For a complete list of all LAC Practice Advisories, please visit the LAC’s website.

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For more information, contact clearinghouse@immcouncil.org.    

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