Tuesday, March 4, 2008

Subpoena from Immigration Judge

How do you subpoena documents in a deportation proceeding?

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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