DURAN

Citations

• 20 I. & N. Dec. 1

Syllabus

DURAN, 20 I&N Dec. 1 (BIA 1989) ID 3101 (PDF) (1) An immigration judgein deportation proceedings properly denied the respondent's motion tosubpoena government records where the respondent failed to comply withthe requirements of 8 C.F.R. § 287.4(a)(2) (1984) by not specificallystating what he expected to prove by such documentary evidence and bynot affirmatively showing a diligent effort to obtain the records. (2) While a subpoenais not required in the instant proceedings and access should generallybe given to a person in immigration proceedings concerning records maintainedabout himself, the respondent failed to show compliance with the requirementsof 8 C.F.R. § 103.21 (1984) which permit such access.