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Orosco v. Napolitano

The dispositive issue in this case is whether the decision to issue a law enforcement certification (LEC) is discretionary or mandatory. The language of 8 U.S.C.A. �1184(p) makes it abundantly clear that the decision to issue a law enforcement certification is a discretionary one. 5th U.S. Circuit Court of Appeals, No. 09-40004, 03-02-2010

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Published opinion

Before GARWOOD, WIENER, and BENAVIDES, Circuit Judges.

The Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) amended the Immigration and Nationality Act (INA) in part to create a new type of visa, known as a “U-Visa.” VTVPA, Pub. L. No. 106-386, 114 Stat. 1464 (Oct. 28, 2000). U-Visas can be granted to victims of certain listed crimes who later help United States law enforcement officials investigate or prosecute those crimes. 8 U.S.C.A. § 1101(a)(15)(U)(i) (West 2005 & Supp. 2009). In order to obtain a U-Visa, an alien who was the victim of an enumerated crime must obtain a “certification” from law enforcement officials confirming that he was helpful to the investigation or prosecution of the crime. 8 U.S.C.A. § 1184(p)(1) (West 2005). The parties in this case refer to this certification as a “law enforcement certification,” which we abbreviate “LEC.”

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