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What is the Presumption of Openness and Who Issues Guidance to Agencies on the FOIA?The FOIA provides that when processing requests, agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exe...

Three Categories of Law Enforcement and National Security RecordsCongress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records. The provisions protecting those records are known as “exclusions...

5 U.S. Code § 552 - Public information; agency rules, opinions, orders, records, and proceedingsFull FOIA Statute https://www.congress.gov/114/bills/s337/BILLS-114s337enr.xml5 U.S. Code §552 5 U.S. Code § 552 - Public information; agency rules, opinions, order...

Freedom of Information Act StatuteBelow is the full text of the Freedom of Information Act in a form showing all amendments to the statute made by the “FOIA Improvement Act of 2016.” All newly enacted provisions in boldface type replace the strikethrough text....

ACLU v. DOJ FOIA Case for Records Relating to Targeted Killing Law, Policy, and CasualtiesIn March 2015, the ACLU filed a Freedom of Information Act lawsuit demanding information about the government’s targeted-killing program, including the Obama administrati...

ACLU v. CIA FOIA Case for Records Relating to Drone KillingsSummaryVIEW ALL OF THE COURT FILINGS IN THE CASE HEREThe FOIA request was filed with the Department of Defense, the Department of Justice (including the Office of Legal Counsel), the Department of Sta...

Va. Supreme Court draws ‘bright line’ upholding open meetingsCourt rejects argument public business only means what’s on official agendaIn a split opinion on transparency laws, the Supreme Court of Virginia on Thursday upheld a more expansive definition of wha...

FOIA Case LawAdministrator, Federal Aviation Administration v. Robertson, 422 U.S. 255 (1975)The FAA was permitted to withhold analyses of performance of commercial airlines under a statute which gave the administrator the authority to withhold such informatio...

Petit Larceny is Categorically a CIMTPetit larceny in violation of section 155.25 of the New York Penal Law is categorically a Crime Involving Moral Turpitude. See Matter of Clement OBEYA, 26 I&N Dec. 856 (BIA 2016).Third Degree Robbery is NOT a Crime of Viol...

Unauthorized EmploymentSection 245(c)(2) covers unauthorized employment With certain exceptions, an applicant is barred from adjusting status if: He or she continues in or accepts unauthorized employment prior to filing an application for adjustme...

8 USC 1255: Adjustment of status of nonimmigrant to that of person admitted for permanent residencehttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelimBona Fide Marriage Exemption (e) Restriction on adjustment of...

245(h)(2)(B) of the INA and in the implementing regulations at 8 C.F.R. 245.1(e)(3).8 C.F.R. 245.1(e)(3)(3) Special immigrant juveniles —(i) Eligibility for adjustment of status. For the limited purpose of meeting one of the eligibility requirements for adjus...

WHO MUST REQUEST A BONA FIDE MARRIAGE EXEMPTION?(8) Any alien who seeks to adjust status based upon a marriage which occurred on or after November 10, 1986, and while the alien was in exclusion, deportation, or removal proceedings, or judicial proceedings rela...

8 CFR § 1003.14 Jurisdiction and commencement of proceedingsTitle 8 Chapter V Subchapter A Part 1003 Subpart C § 1003.14https://www.ecfr.gov/current/title-8/section-1003.14§ 1003.14 Jurisdiction and commencement of proceedings.(a) Jurisdiction vests, and proc...

BASICSThe Immigration Court Practice Manual states that it should be titled "Motion for Severance" and should follow the regular rules regarding the timing of motions. STATUTORY AUTHORITYAn Immigration Judge has the discretion to consolidate or sever proceedin...

The commencing of removal proceedings is the Department of Homeland Security's issuance of a Notice to Appear, which lays out the factual allegations and the charges being made against the respondent. It must be signed by a DHS official and contain a time and...

In the Matter of:       Respondent's Name                                            Respondent In Removal Proceedings                File No.:   A245-450-965                                             CERTIFICATE OF ...

Motion to Withdraw as Attorney of RecordA motion to withdraw as counsel must comply with Matter of Rosales (BIA 1988).Counsel must file a motion with the Court providing:Evidence that counsel attempted to contact the Respondent at their last known address with...

-> . /. See also Motion to Terminate.

The large portion of the information on this page came from https://myattorneyusa.com/immigration-blog/immigration-to-the-usa/case-law-on-the-abandonment-of-permanent-resident-status/ which is one of the best immigration attorney blogs on the web.You can find...