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    This message brought to you by the vast right wing conspiracy.

  • #2
    This message brought to you by the vast right wing conspiracy.


    • #3
      Well, it really does seem like an act of legal blackmailing and the client should report the other attorney to the Bar for misconduct if his own counsel doesn't seem to be to concerned. Make sure the client furnishes a copy of everything the other attorney tried to blackmail him with to the bar when appropriate. The client should tell his attorney before he does anything, though in case the client's attorney has another idea.

      Doing a FOIA may help this person find out if the incriminating statements made it to the immigration file. However, USCIS may actually redact third party statements and documents. Also, FOIAs are now taking about 1 to 1 1/2 years.


      • #4

        Take a look at page 26 of this document:

        Not sure if it exactly applies to this situation, but it could.

        Also, here is the number to call for attorney complaints in CA - 1-800-843-9053.


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
          Are there penalties for making false accusations and attempting to derail an immigration? In an unrelated case a lawyer and their client make written assertions which were delivered to opposing council and subsequently delivered to a person. The assertions were that an intending immigrant has committed acts which would render them inadmissible. There is circumstantial evidence to indicate these claims were delivered to USCIS or DHS.

          The purpose of this was to intimidate the person who is related to the immigrant. That person is in litigation with the aforementioned client and their attorney who made the allegations. This egregious act was done to manipulate the person in their decision process concerning the settlement in that case. Council for the person is oblivious to the gravity and seriousness of the accusations made. The allegations made would fall under INA 212(a)(6)(C)(I), INA §212(a)(6)(C)(ii), and INA §212(a)(6)(F)(i).

          Are there any methods to have government turn over information received from third parties regarding claims of illegal activity? Would FOIA suffice or does this come under criminal/civil discovery procedures only? Are there any specific bar association procedures to be utilized with reference to the attorney who made the false claims?

          This is not a joke. </div></BLOCKQUOTE>

          On the contrary, the Federal Rules REQUIRE an attorney to inform any court of any perjurious testimony regardless of how that attorney acquired such information. If an attorney knows someone is lying to a court he MUST inform the court. This is an affirmative duty; he has no choice but to report them. If an attorney becomes aware of someone who is lying to immigration, he MUST MUST MUST report them.


          • #6
            You can only FOIA such information if the records pertain to you as the Privacy Act prohibits the release of personal identifying information not related to you.

            Only the person who's case it was can FOIA the information. In the case you presented, only the applicant for the immigration benefit could FOIA could get it. A third party could not.

            However, if the information initiated a criminal investigation into the impending benificiary, the information will not be release.

            It might not even help if the information was provided anonymously.


            • #7
              Subpoenas from state courts are useless. The best bet is the alien in question to FOIA his/her Alien File. If a third party FOIAs the Alien File, the FOIA will be refused.


              • #8
                If it was used. Generally poison pen letters are not included in the alien file, but in a working or investigative file by ICE or USCIS FDNS. Poison pen letters are generally nto accepted as facts, but used in the investigation.