Immigration adjudications regularly use information from the criminal legal system to justify a discretionary denial of relief or benefits, even when charges have been dismissed. This practice faces little scrutiny due to the assumption that adjudicators are merely importing facts already found by the criminal system. But what if this practice actually constitutes “hidden factfinding”? Sarah Vendzules, a Senior Staff Attorney at the Office of the Appellate Defender in New York City, uncovers this hidden factfinding and offers a framework that could rein it in.
Author: Sarah Vendzules, Senior Staff Attorney, Office of the Appellate Defender
Host: Peter Mason (Volume 113 Podcast Editor)
Script: Peter Mason (Volume 113 Podcast Editor)
Technology Editors: Sandeep Stanley (Volume 113 Senior Technology Editor), Emily C. Welsch (Volume 113 Technology Editor)
Soundtrack: Composed and performed by Carter Jansen (Volume 110 Technology Editor)
