Spent the better part of the morning looking up the methodology and procedure for obtaining a subpoena duces tecum from an Immigration Judge. 8 C.F.R. § 1003.35(b) provides that "subsequent to commencement of proceedings, an Immigration Judge shall have the exclusive jurisdiction to issue subpoenas requiring the attendance of witnesses or for the production of documents, papers, and other documentary evidence."
So the question becomes, how do I do this? Our client alleges that he was the victim of an international organ theft ring and had his kidney removed at an American hospital for an very wealth and influential donee. Sounds like a far-flung tale, but what he have previously discovered is that he in fact had a kidney removed for donation in Cleveland. What we need is more documentary evidence of this procedure, and he need the IJ to compel the hospital to produce the documents.
Stay tuned for how this works.
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