Document Production and Discovery-Downloadable

Document Production and Discovery-Downloadable

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Document Production and Discovery: Feckless or Fertile in Immigration Court

This 60 minute session was recorded at the AILA Annual Conference in June 2012. This product includes an audio recording in MP3 format and a PDF file of powerpoint presentation slides and/or articles needed for CLE Credit.

This panel will discuss the possibility of compelling discovery in immigration court and creative application of criminal discovery rules. The presenters will explain the effective use of subpoenas, depositions, interrogatories, etc. pursuant to 8 CFR §1003.35(a), and the possibility of using FOIA to produce documents and the impact of Dent, Brady, and the Jencks Act.

  • Impact of Dent v. Holder
  • How to Compel Document Production in Immigration Court—Subpoenas, Depositions, Interrogatories, Other?
  • Can Brady v. Maryland Be Used in Immigration Court to Procure Exculpatory Information?
  • Use of FOIA Litigation to Obtain Documentation
  • Obtaining Pre-Hearing Statements Through the Jencks Act and Matter of C-, 8 I&N Dec. 696 (BIA 1960)

CLE Information

CLE credit is available in most jurisdictions for this OnDemand session. Please visit the webCLE AC OnDemand Module for specific details on your jurisdiction and for specialized credit information. Instructions for reporting your credits and obtaining certificates will be included in your written materials.

Not eligible for CLE credit in the following states: AL, AR, IA, MN, RI, and TN.

Attention Idaho, North Dakota, and Puerto Rico attorneys. Attorneys must apply individually for approval of recorded programs. Credits are typically approved.


Rex Chen (DL), Newark, NJ

Karen T. Grisez, Washington, DC

Adam J. Rosen, Owings Mills, MD

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