Similarly, the client’s immigration record can exert a powerful influence on the question whether a safe haven exists.  If the client has been ordered deported many times, and has returned illegally over and over again, it is less likely the courts will find a safe haven exists.  A finding of marriage fraud, or visa fraud, or another abuse of the immigration system will similarly reduce the chances of finding a safe haven exists.  On the other hand, if the client has not been found to have abused the immigration courts or agencies, the chances that the court will find a safe haven are increased.

Other

INVESTIGATION - FOIA
On Feb. 27, 2007, the USCIS created a special FOIA processing track for noncitizen in removal proceedings, with the goal of expediting processing of those FOIA requests. Special FOIA Processing Track for Individuals Appearing Before an Immigration Judge, 72 Fed. Reg. 9017 (Feb. 28, 2007).