Immigration Law: Nowhere to Turn-Illegal Aliens Cannot Use the Freedom of Information Act as a Discovery Tool to Fight Unfair Removal Hearings

Authors

• Larry R. Fleurantin, Larry R. Fleurantin & Associates, PA

Abstract

The article argues that the use of the Freedom of Information Act (FOIA) by illegal aliens to obtain necessary documents for their removal hearings is ineffective and unfair. The government withholds crucial information, such as asylum interview notes, under FOIA exemptions, particularly exemption (b)(5), which is intended for internal memos and attorney work product. This practice denies asylum seekers the ability to prepare their cases adequately, leading to unfair removal hearings and violating their due process rights. The author advocates for legislative reform to ensure fair access to information and a meaningful opportunity to be heard.

Disciplines

Administrative Law | Human Rights Law | Immigration Law | International Law | Law

Recommended Citation

Larry R. Fleurantin, Immigration Law: Nowhere to Turn-Illegal Aliens Cannot Use the Freedom of Information Act as a Discovery Tool to Fight Unfair Removal Hearings, 16 Cardozo J. Int'l & Comp. L. 155 (2008).
Available at: https://larc.cardozo.yu.edu/cjicl/vol16/iss1/5