Appeal Addresses Applicability of Confidentiality Provisions of the INA - U.S. Third Circuit
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Appeal Addresses Applicability of Confidentiality Provisions of the INA

Patel v. Attorney Gen. of the US, No. 09-1066, involved a petition for review of the BIA's decision upholding the denial of petitioner's motion to terminate removal proceedings.  The Third Circuit denied the petition on the ground that the confidentiality provisions of section 245A(c)(5) of the Immigration and Nationality Act did not apply to an application for employment authorization submitted by the child of a Legal Immigration Family Equity Act adjustment-of-status applicant.

As the court wrote: "Neema Patel, a citizen of India, petitions for review of the BIA decision upholding the denial of her motion to terminate removal proceedings. Her petition presents the
question of whether the confidentiality provisions of section 245A(c)(5) of the Immigration and Nationality Act ("INA") apply to an application for employment authorization submitted
by the child of a Legal Immigration Family Equity ("LIFE") Act adjustment-of-status applicant. For the reasons that follow, we agree with the BIA that they do not, and we will deny the
petition for review."

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