January 15, 2010
Immigration attorney and associate sentenced on marriage fraud charges - Subjects will face removal to their home country
COLUMBUS, Ohio - A local immigration attorney and her associate were both sentenced on Friday to two years probation for illegally marrying U.S. citizens for the sole purpose of evading U.S. immigration laws. The convictions make them both eligible for deportation.
Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, and Brian Moskowitz, special agent in charge of the U.S. Immigration and Customs Enforcement Office of Investigations in Detroit (ICE) announced the sentences handed down Jan. 15 by U.S. District Judge Gregory Frost.
Lilian Asante, 37, and her associate, Kwadwo Asante, 39 both pleaded guilty on Sept. 28, 2009 to one count of illegally marrying to evade immigration laws. Kwadwo Asante admitted to marrying a U.S. citizen from Youngstown, Ohio, in a civil ceremony in Franklin County in January 2005. Lilian Asante admitted marrying a U.S. citizen from Florida in a civil ceremony in Franklin County in February 2006. Each defendant admitted that they illegally married the U.S. citizens as part of their plan to obtain U.S. permanent residence status.
Based on these felony convictions, both were immediately entered in to deportation proceedings. They both elected to a stipulated order of removal, which effectively waives their right to a hearing before a federal immigration judge and begins the removal process.
When the defendants were interviewed by U.S. Citizenship and Immigration Services (USCIS) during the process of obtaining U.S. permanent residence status, agents began to suspect the fraudulent marriages and referred the matter for criminal investigation.
The Asantes had been married to each other in Ghana in 1999. They entered the United States legally in 2002, and dissolved their marriage in 2004.
"It is disturbing that anyone would defraud the very system in which they work" said Brian M. Moskowitz, special agent in charge of the ICE Office of Investigations in Michigan and Ohio. "Immigration attorneys hold positions of public trust and are critical to the workings of our nation's immigration system. Based on this felony conviction, both subjects are now amenable to removal proceedings."
U.S. Attorney Stewart commended the investigation by ICE agents and Assistant U.S. Attorney Salvador A. Dominguez, who prosecuted the case.
Sunday, January 31, 2010
Deported sex offender indicted for reentry into the U.S
January 22, 2010
According to the indictment and a previous complaint affidavit filed with the court, Celestino Ramirez-Hernandez was found in the U.S. on Nov. 19, 2009, after having been removed from the United States on March 30, 2002.
Statements made in court during a detention hearing held January 14, 2010, indicated that Ramirez-Hernandez had been convicted in 2001of statutory rape of a child under the age of 16.
He was sentenced to 10 years' imprisonment, but was allowed to serve the sentence on probation.
The defendant was physically removed from the U.S. on March 30, 2002, and was barred permanently from returning to the U.S.
Thereafter, Ramirez-Hernandez reentered the U.S. on an unknown date. Using the alias of Leonel Lopez, he was subsequently convicted in 2006 of grand theft and possession of a stolen/forged driver's license.
While under court supervision, it was discovered that Leonel Lopez was actually Ramirez-Hernandez, a convicted sex offender. Statements made in court indicated that he failed to register as a sex offender and was convicted of this offense.
While the Ramirez-Hernandez was approaching completion of his four-year sentence in a Miami-Dade detention facility for failure to register as a sex offender, an ICE agent and deportation officer assigned to ICE's Criminal Alien Program (CAP) interviewed Ramirez-Hernandez.
Through ICE's Secure Communities partnership, the agents and officers ran his fingerprints through DHS and FBI databases and confirmed the defendant's sex conviction and prior removal.
Subsequently, ICE officers and agents placed an immigration detainer on the defendant to ensure he would not be released from custody.
On Jan. 11, 2010, ICE officers and agents arrested him on a criminal complaint prior to the filing of the indictment.
If convicted, Ramirez-Hernandez faces a maximum of 20 years in prison.
.
MIAMI - A 30-year-old Mexican national was indicted Thursday on charges of reentering the U.S. after having been lawfully removed following a U.S. Immigration and Customs Enforcement (ICE) investigation.
According to the indictment and a previous complaint affidavit filed with the court, Celestino Ramirez-Hernandez was found in the U.S. on Nov. 19, 2009, after having been removed from the United States on March 30, 2002.
Statements made in court during a detention hearing held January 14, 2010, indicated that Ramirez-Hernandez had been convicted in 2001of statutory rape of a child under the age of 16.
He was sentenced to 10 years' imprisonment, but was allowed to serve the sentence on probation.
The defendant was physically removed from the U.S. on March 30, 2002, and was barred permanently from returning to the U.S.
Thereafter, Ramirez-Hernandez reentered the U.S. on an unknown date. Using the alias of Leonel Lopez, he was subsequently convicted in 2006 of grand theft and possession of a stolen/forged driver's license.
While under court supervision, it was discovered that Leonel Lopez was actually Ramirez-Hernandez, a convicted sex offender. Statements made in court indicated that he failed to register as a sex offender and was convicted of this offense.
While the Ramirez-Hernandez was approaching completion of his four-year sentence in a Miami-Dade detention facility for failure to register as a sex offender, an ICE agent and deportation officer assigned to ICE's Criminal Alien Program (CAP) interviewed Ramirez-Hernandez.
Through ICE's Secure Communities partnership, the agents and officers ran his fingerprints through DHS and FBI databases and confirmed the defendant's sex conviction and prior removal.
Subsequently, ICE officers and agents placed an immigration detainer on the defendant to ensure he would not be released from custody.
On Jan. 11, 2010, ICE officers and agents arrested him on a criminal complaint prior to the filing of the indictment.
If convicted, Ramirez-Hernandez faces a maximum of 20 years in prison.
Monday, January 18, 2010
Temporary Protected Status Haiti TPS
USCIS Responds to Haiti Earthquake
Effective immediately, toll free live assistance at 1-800-375-5283 has been extended until 11pm local time. This is a temporary change in response to the situation in Haiti.
January 15, 2010 (5:00pm EST) - Statement By Homeland Security Secretary Janet Napolitano
“As part of the Department’s ongoing efforts to assist Haiti following Tuesday’s devastating earthquake, I am announcing the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. This is a disaster of historic proportions and this designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18 months. Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.
“At this moment of tragedy in Haiti it is tempting for people suffering in the aftermath of the earthquake to seek refuge elsewhere. But attempting to leave Haiti now will only bring more hardship to the Haitian people and nation. The international community has rallied to deliver relief to Haiti. Much has already arrived and much more is on its way. The Haitians are resilient and determined and their role in addressing this crisis in their homeland will be essential to Haiti’s future.
“It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.
“The Department of Homeland Security continues to extend sympathy to our Haitian neighbors and support the worldwide relief effort underway in every way we can. Four Coast Guard cutters have arrived in Haiti, in addition to a variety of Coast Guard assets that were already in the area to support military air traffic control, conduct damage assessments and rescue people in need of assistance. The Federal Emergency Management Agency (FEMA) continues to work closely with the U.S. Agency for International Development (USAID) and the State Department—the lead U.S. federal agencies in the response—while coordinating the deployment of state and local Urban Search and Rescue Teams from across the country to Haiti and standing by to provide food, water and other resources as requested. U.S. Customs and Border Protection (CBP) has provided aircraft to support response efforts.
Haitians in the U.S. who are eligible to apply for TPS should call USCIS toll-free at (800) 375-5283.”
January 15, 2010 - Statement By Homeland Security Secretary Janet Napolitano
“The Department of Homeland Security continues to extend sympathy for our Haitian neighbors and support the worldwide relief effort underway in every way we can. Four Coast Guard cutters have arrived in Haiti, in addition to a variety of Coast Guard assets that were already in the area to support military air traffic control, conduct damage assessments and rescue people in need of assistance. The Federal Emergency Management Agency (FEMA) continues to work closely with the U.S. Agency for International Development (USAID) and the State Department—the lead U.S. federal agencies in the response—while coordinating the deployment of state and local Urban Search and Rescue Teams from across the country to Haiti and standing by to provide food, water and other resources as requested. U.S. Customs and Border Protection (CBP) has provided aircraft to support response efforts. On Wednesday, U.S. Immigration and Customs Enforcement halted all removals to Haiti for the time being in response to the devastation caused by Tuesday’s earthquake. The entire Department stands ready to receive evacuees safely and securely in the United States.
“Monetary contributions from individual Americans are the best way to immediately support the relief efforts of those who are working around-the-clock to help save lives in Haiti—and will help sustain these efforts over the long-term. The rebuilding process for the people of Haiti will undoubtedly be extremely difficult. I encourage every American who is interested in giving to participate in this response effort by providing support to those in need. You can visit www.whitehouse.gov/haitiearthquake to make your contribution.”
January 13, 2010 - Statement By Homeland Security Secretary Janet Napolitano
President Obama spoke this morning, extending "deep condolences and unwavering support of the American people" to Haiti, and committing the resources of the Federal government "to respond with a swift, coordinated, and aggressive effort to save lives."
Secretary Napolitano released a statement shortly after the President's remarks:
"The entire Department of Homeland Security (DHS) extends its sympathy for the devastation and loss of life in Haiti following last night's earthquake--a disaster that has called the world to action in response. The U.S. Coast Guard and the Federal Emergency Management Agency (FEMA) are leading DHS actions to support the larger assistance effort. Several Coast Guard cutters and aircraft have mobilized and are on the ground to assist the humanitarian effort as needed. FEMA has been in close contact with the State Department and USAID, the lead U.S. federal response agencies, and stands ready to provide assistance as requested. I am being kept closely apprised of the developing situation, and the Department will continue to support the people of Haiti and others affected by this tragedy. I encourage the American people to donate what funds they can afford to disaster relief organizations such as the American Red Cross to allow these voluntary groups to provide goods and services to disaster survivors as quickly as possible."
To help relief efforts, text “HAITI” to “90999” and $10 will be given automatically to the Red Cross, charged to your cell phone bill. Or you can go online to organizations like the Red Cross and Mercy Corps to make a contribution to the disaster relief efforts.
Americans seeking information on family members in Haiti should contact the State Department at 888-407-4747.
Sunday, January 17, 2010
Marriage in Prison in Connecticut - Inmate Marriage and Civil Unions
State of Connecticut Department of Correction
ADMINISTRATIVE DIRECTIVE
Directive Number 10.9 Effective Date 5/1/2006
1. Policy.
The Department of Correction shall permit an inmate to marry or enter into a civil union when all statutory prerequisites and Department conditions for marriage or entry into a civil union have been satisfied.
2. Authority and Reference.
A. Turner v Safely, 492 U.S. 78 (1987).
B. Connecticut General Statutes, Sections 4-8, 7-45, 17b-137a(a)(b), 18-81, 45a-676(c), 46b-20 through 46b-25, 46b-28 through 46b-30, 46b-33, 46b-38aa through 46b-38oo, 46b-150d and 51-164n(b).
C. American Correctional Association, Standards for Adult Correctional Institutions, Fourth Edition, January 2003, Standard 4-4428.
D. Administrative Directives 4.1, Offender Records; 6.14, Security Risk Groups; 9.2, Offender Classification and 9.8, Furloughs.
3. Definitions.
A. Applicant. An individual who applies for a marriage/civil union license.
B. Civil Union. The union of a same-sex couple.
C. Marriage. The union of one man and one woman.
D. Unit Administrator. The administrative head of a correctional facility or the Director of Parole and Community Services.
4. Application for Permission to Marry/Enter into a Civil Union.
An inmate desiring to get married or enter into a civil union shall submit a written request to the Unit Administrator utilizing form CN 100901, Inmate Marriage/Civil Union Request. Permission to marry/enter into a civil union from the Unit Administrator may be granted once all conditions of this Directive have been satisfied. The inmate’s request to marry/enter into a civil union shall be submitted to the appropriate Unit Administrator at least thirty (30) calendar days prior to the proposed marriage/civil union date. The proposed spouse/civil union partner shall indicate, in writing, to the Unit Administrator, an intention to marry/enter into a civil union with the inmate. The request shall include the name and full address of the proposed spouse/civil union partner.
5. Inmate Transfer.
If an inmate who has commenced the marriage/civil union process in one facility is transferred to another facility or community placement, the inmate shall not be required to initiate the process again. The request to marry/enter into a civil union shall be forwarded accordingly. A Connecticut inmate incarcerated in another state shall follow the marriage/civil union procedures of the incarcerating jurisdiction. However, an inmate who returns to Connecticut from another state shall be required to initiate a new request, following the procedures outlined in this Directive.
6. Obligation of the Parties.
The inmate and the proposed spouse/ civil union partner shall be responsible for fulfilling the various requirements associated with an inmate marriage/civil union and for providing any information deemed necessary by the Unit Administrator in considering the application for permission to marry/enter into a civil union.
There shall be no obligation on the part of the Department to authenticate or verify the fact that the inmate’s application has satisfied applicable statutory requirements. The obligation to ensure such compliance remains with the applicants for permission to marry/enter into a civil union.
7. Decision Factors for Granting Permission to Marry/Enter into a Civil Union.
The Unit Administrator shall consider all relevant factors including rehabilitation, but is not limited to, the following when rendering a decision to allow the inmate to marry/enter into a civil union:
A. An inmate may not marry/enter into a civil union with another inmate. One of the applicants shall not be an inmate. Marriage/entry into a civil union between an inmate and a Department employee or contractual employee shall be prohibited.
B. Neither party is the subject of a detainer or an undisposed criminal charge, the legal proceeding of which may be impacted by the marriage/civil union (e.g., an inmate requests to marry/enter into a civil union with, the victim of the crime or a potential witness, etc.).
C. A pretrial inmate may request permission to marry in accordance with the provisions of this Directive. Staff shall contact the appropriate court, States Attorney, and in the case of an alien, the United States Citizenship and Immigration Service, to advise of the marriage/civil union request of the pretrial inmate and to request their comments in accordance with this Directive.
D. In the case of a federal inmate, Department staff shall make reasonable efforts to contact the appropriate office of the United States Attorney and Bureau of Immigration and Customs Enforcement regarding the proposed marriage/civil union and shall obtain approval from the appropriate authority. There shall be no requirement that an inmate must be a citizen of the United States to request marriage/entry into a civil union.
E. In the case of an Interstate Compact inmate, Department staff shall contact the sending jurisdiction to advise of the marriage/civil union request and to request their comments in accordance with this Directive.
F. The inmate applicant shall be incarcerated for a minimum of one year and be discipline free for one year prior to the application before being approved for marriage/entry into acivil union. Inmates who are classified as security risk group members under the provisions of Administrative Directive 6.14, Security Risk Groups and 9.2, Offender Classification shall not be approved for marriage/entry into a civil union.
G. No inmate may be allowed to marry/enter into a civil union without the approval of the Unit Administrator depending upon the inmate’s classification or placement status. In considering such approval, the Unit Administrator shall determine if the proposed marriage/civil union poses any threat to the safety and security of the facility, staff, public or other inmates. In reviewing this requirement the Unit Administrator shall consider, but is not limited to, the following:
1. The inmate applicant’s conviction record including pre-sentence investigation and police reports.
2. The inmate applicant’s facility record.
3. Pending charges against the applicant(s).
4. The physical or mental condition of the applicant(s).
5. If the proposed spouse/civil union partner has any employment relationship with the Department.
8. Payment of Expenses.
The parties to the marriage/civil union shall bear all costs and expenses. The proposed spouse/civil union partner shall be responsible for making the arrangements for the registrar of the town to visit the inmate applicant so as to comply with the applicable sections of the Connecticut General Statutes.
9. Request for Criminal History.
The proposed spouse/civil union partner shall be provided, upon written request to the Unit Administrator, full disclosure of the inmate’s correctional history (i.e., RT-60, RT-67 and RT-80). The Unit Administrator shall designate the appropriate staff member to provide the proposed spouse/civil union partner with the requested information. Requests for an inmate’s criminal history shall be referred to the Department of Public Safety.
10. Staff Assistance.
The inmate and proposed spouse/civil union partner shall be solely responsible for all arrangements, documentation and licensing in the marriage/civil union process. The marriage/civil union process is a civil proceeding. The Unit Administrator shall designate a staff member to schedule the marriage/civil union after the couple has fulfilled all requirements and permission has been granted for the marriage/civil union to take place.
11. Selection of Officiating Agent.
The inmate shall be responsible to arrange for a legally authorized officiating agent (i.e., member of the clergy, justice of the peace, judge, family support magistrate or state referee) to perform the ceremony. The officiating agent shall submit a copy of his/her credentials to the Unit Administrator, prior the ceremony date. Department employees and contractual employees shall not serve as officiating agents nor be allowed to participate in an inmate marriage/civil union ceremony.
12. Marriage/Civil Union Ceremony.
To preserve security and order, the Unit Administrator may impose conditions, including but not limited to scheduling, upon the circumstances of any marriage/civil union ceremony held within a correctional facility. Attendees at a marriage/civil union ceremony may be limited and subject to the approval of the Unit Administrator. All persons participating in the ceremony and guests shall be subject to security clearance as determined by the Unit Administrator.
13. Documentation.
The marriage/civil union shall be documented in the inmate's master file. Any name changes shall be in accordance with Administrative Directive 4.1, Offender Records.
14. Forms and Attachments.
The following form is applicable to this Administrative Directive and shall be utilized for the intended function:
A. CN 100901, Inmate Marriage/Civil Union Request.
15. Exceptions.
Any exceptions to the procedures in this Administrative Directive shall require prior written approval from the Commissioner.
ADMINISTRATIVE DIRECTIVE
Directive Number 10.9 Effective Date 5/1/2006
1. Policy.
The Department of Correction shall permit an inmate to marry or enter into a civil union when all statutory prerequisites and Department conditions for marriage or entry into a civil union have been satisfied.
2. Authority and Reference.
A. Turner v Safely, 492 U.S. 78 (1987).
B. Connecticut General Statutes, Sections 4-8, 7-45, 17b-137a(a)(b), 18-81, 45a-676(c), 46b-20 through 46b-25, 46b-28 through 46b-30, 46b-33, 46b-38aa through 46b-38oo, 46b-150d and 51-164n(b).
C. American Correctional Association, Standards for Adult Correctional Institutions, Fourth Edition, January 2003, Standard 4-4428.
D. Administrative Directives 4.1, Offender Records; 6.14, Security Risk Groups; 9.2, Offender Classification and 9.8, Furloughs.
3. Definitions.
A. Applicant. An individual who applies for a marriage/civil union license.
B. Civil Union. The union of a same-sex couple.
C. Marriage. The union of one man and one woman.
D. Unit Administrator. The administrative head of a correctional facility or the Director of Parole and Community Services.
4. Application for Permission to Marry/Enter into a Civil Union.
An inmate desiring to get married or enter into a civil union shall submit a written request to the Unit Administrator utilizing form CN 100901, Inmate Marriage/Civil Union Request. Permission to marry/enter into a civil union from the Unit Administrator may be granted once all conditions of this Directive have been satisfied. The inmate’s request to marry/enter into a civil union shall be submitted to the appropriate Unit Administrator at least thirty (30) calendar days prior to the proposed marriage/civil union date. The proposed spouse/civil union partner shall indicate, in writing, to the Unit Administrator, an intention to marry/enter into a civil union with the inmate. The request shall include the name and full address of the proposed spouse/civil union partner.
5. Inmate Transfer.
If an inmate who has commenced the marriage/civil union process in one facility is transferred to another facility or community placement, the inmate shall not be required to initiate the process again. The request to marry/enter into a civil union shall be forwarded accordingly. A Connecticut inmate incarcerated in another state shall follow the marriage/civil union procedures of the incarcerating jurisdiction. However, an inmate who returns to Connecticut from another state shall be required to initiate a new request, following the procedures outlined in this Directive.
6. Obligation of the Parties.
The inmate and the proposed spouse/ civil union partner shall be responsible for fulfilling the various requirements associated with an inmate marriage/civil union and for providing any information deemed necessary by the Unit Administrator in considering the application for permission to marry/enter into a civil union.
There shall be no obligation on the part of the Department to authenticate or verify the fact that the inmate’s application has satisfied applicable statutory requirements. The obligation to ensure such compliance remains with the applicants for permission to marry/enter into a civil union.
7. Decision Factors for Granting Permission to Marry/Enter into a Civil Union.
The Unit Administrator shall consider all relevant factors including rehabilitation, but is not limited to, the following when rendering a decision to allow the inmate to marry/enter into a civil union:
A. An inmate may not marry/enter into a civil union with another inmate. One of the applicants shall not be an inmate. Marriage/entry into a civil union between an inmate and a Department employee or contractual employee shall be prohibited.
B. Neither party is the subject of a detainer or an undisposed criminal charge, the legal proceeding of which may be impacted by the marriage/civil union (e.g., an inmate requests to marry/enter into a civil union with, the victim of the crime or a potential witness, etc.).
C. A pretrial inmate may request permission to marry in accordance with the provisions of this Directive. Staff shall contact the appropriate court, States Attorney, and in the case of an alien, the United States Citizenship and Immigration Service, to advise of the marriage/civil union request of the pretrial inmate and to request their comments in accordance with this Directive.
D. In the case of a federal inmate, Department staff shall make reasonable efforts to contact the appropriate office of the United States Attorney and Bureau of Immigration and Customs Enforcement regarding the proposed marriage/civil union and shall obtain approval from the appropriate authority. There shall be no requirement that an inmate must be a citizen of the United States to request marriage/entry into a civil union.
E. In the case of an Interstate Compact inmate, Department staff shall contact the sending jurisdiction to advise of the marriage/civil union request and to request their comments in accordance with this Directive.
F. The inmate applicant shall be incarcerated for a minimum of one year and be discipline free for one year prior to the application before being approved for marriage/entry into acivil union. Inmates who are classified as security risk group members under the provisions of Administrative Directive 6.14, Security Risk Groups and 9.2, Offender Classification shall not be approved for marriage/entry into a civil union.
G. No inmate may be allowed to marry/enter into a civil union without the approval of the Unit Administrator depending upon the inmate’s classification or placement status. In considering such approval, the Unit Administrator shall determine if the proposed marriage/civil union poses any threat to the safety and security of the facility, staff, public or other inmates. In reviewing this requirement the Unit Administrator shall consider, but is not limited to, the following:
1. The inmate applicant’s conviction record including pre-sentence investigation and police reports.
2. The inmate applicant’s facility record.
3. Pending charges against the applicant(s).
4. The physical or mental condition of the applicant(s).
5. If the proposed spouse/civil union partner has any employment relationship with the Department.
8. Payment of Expenses.
The parties to the marriage/civil union shall bear all costs and expenses. The proposed spouse/civil union partner shall be responsible for making the arrangements for the registrar of the town to visit the inmate applicant so as to comply with the applicable sections of the Connecticut General Statutes.
9. Request for Criminal History.
The proposed spouse/civil union partner shall be provided, upon written request to the Unit Administrator, full disclosure of the inmate’s correctional history (i.e., RT-60, RT-67 and RT-80). The Unit Administrator shall designate the appropriate staff member to provide the proposed spouse/civil union partner with the requested information. Requests for an inmate’s criminal history shall be referred to the Department of Public Safety.
10. Staff Assistance.
The inmate and proposed spouse/civil union partner shall be solely responsible for all arrangements, documentation and licensing in the marriage/civil union process. The marriage/civil union process is a civil proceeding. The Unit Administrator shall designate a staff member to schedule the marriage/civil union after the couple has fulfilled all requirements and permission has been granted for the marriage/civil union to take place.
11. Selection of Officiating Agent.
The inmate shall be responsible to arrange for a legally authorized officiating agent (i.e., member of the clergy, justice of the peace, judge, family support magistrate or state referee) to perform the ceremony. The officiating agent shall submit a copy of his/her credentials to the Unit Administrator, prior the ceremony date. Department employees and contractual employees shall not serve as officiating agents nor be allowed to participate in an inmate marriage/civil union ceremony.
12. Marriage/Civil Union Ceremony.
To preserve security and order, the Unit Administrator may impose conditions, including but not limited to scheduling, upon the circumstances of any marriage/civil union ceremony held within a correctional facility. Attendees at a marriage/civil union ceremony may be limited and subject to the approval of the Unit Administrator. All persons participating in the ceremony and guests shall be subject to security clearance as determined by the Unit Administrator.
13. Documentation.
The marriage/civil union shall be documented in the inmate's master file. Any name changes shall be in accordance with Administrative Directive 4.1, Offender Records.
14. Forms and Attachments.
The following form is applicable to this Administrative Directive and shall be utilized for the intended function:
A. CN 100901, Inmate Marriage/Civil Union Request.
15. Exceptions.
Any exceptions to the procedures in this Administrative Directive shall require prior written approval from the Commissioner.
Friday, January 1, 2010
Freedom of Information Act Request in Removal Proceedings
February 28, 2007
Press Release
USCIS Launches New Track For Processing Freedom of Information Act (FOIA) Requests
Will provide certain individuals accelerated access to A-files
WASHINGTON—USCIS today added a new and quicker path for certain individuals to access their immigration files when they submit a Freedom of Information Act (FOIA) request.
The ‘Notice to Appear’ track augments the agency’s overall procedures for responding to FOIA requests and is set aside for individuals who are scheduled to appear before an immigration judge. This new track will allow for accelerated access to their Alien-File (A-File) when it is requested through the FOIA process.
“One of our pillars to building an immigration service for the 21st century is improving service delivery,”
said USCIS Director Emilio Gonzalez. “Part of that service delivery is improving our FOIA procedures. This new processing track will not only enhance our FOIA processing times, but also help us to reduce
FOIA backlogs.”
USCIS currently uses two tracks to process FOIA requests, including one for routine inquiries and another for more complex requests that require additional search and review. The new track allows for accelerated access of a large portion of requests the agency receives from individuals, or their representatives, who have been notified to appear before an immigration court.
Individuals, or their representatives, may submit a FOIA request to USCIS seeking access to their A-file using a FOIA/Privacy Act request form (G-639). While the form is not required, it provides step-by-step instructions. To be placed in the new track for accelerated access to the file, requesters must provide one of the following:
• Notice to Appear (Form I-862);
• Order to Show Cause (Form I-122);
• Notice of Referral to Immigration Judge (Form I-863); or
• A written notice of continuation of a scheduled hearing before the immigration judge.
Cases in which an immigration judge has issued a final order or those in which an appeal of a decision has been filed with the Board of Immigration Appeals will not be included in the ‘Notice to Appear’ track. Individuals wishing to move their pending FOIA request to the new track must resubmit it based on the above guidelines.
The notice, published in today’s Federal Register, is effective March 30, 2007. Visit USCIS’ Web site at www.uscis.gov for more information on the FOIA program.
- USCIS - On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services, while enhancing the integrity of our nation's security.
Press Release
USCIS Launches New Track For Processing Freedom of Information Act (FOIA) Requests
Will provide certain individuals accelerated access to A-files
WASHINGTON—USCIS today added a new and quicker path for certain individuals to access their immigration files when they submit a Freedom of Information Act (FOIA) request.
The ‘Notice to Appear’ track augments the agency’s overall procedures for responding to FOIA requests and is set aside for individuals who are scheduled to appear before an immigration judge. This new track will allow for accelerated access to their Alien-File (A-File) when it is requested through the FOIA process.
“One of our pillars to building an immigration service for the 21st century is improving service delivery,”
said USCIS Director Emilio Gonzalez. “Part of that service delivery is improving our FOIA procedures. This new processing track will not only enhance our FOIA processing times, but also help us to reduce
FOIA backlogs.”
USCIS currently uses two tracks to process FOIA requests, including one for routine inquiries and another for more complex requests that require additional search and review. The new track allows for accelerated access of a large portion of requests the agency receives from individuals, or their representatives, who have been notified to appear before an immigration court.
Individuals, or their representatives, may submit a FOIA request to USCIS seeking access to their A-file using a FOIA/Privacy Act request form (G-639). While the form is not required, it provides step-by-step instructions. To be placed in the new track for accelerated access to the file, requesters must provide one of the following:
• Notice to Appear (Form I-862);
• Order to Show Cause (Form I-122);
• Notice of Referral to Immigration Judge (Form I-863); or
• A written notice of continuation of a scheduled hearing before the immigration judge.
Cases in which an immigration judge has issued a final order or those in which an appeal of a decision has been filed with the Board of Immigration Appeals will not be included in the ‘Notice to Appear’ track. Individuals wishing to move their pending FOIA request to the new track must resubmit it based on the above guidelines.
The notice, published in today’s Federal Register, is effective March 30, 2007. Visit USCIS’ Web site at www.uscis.gov for more information on the FOIA program.
- USCIS - On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services, while enhancing the integrity of our nation's security.
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