Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.”

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Texas Legal Awards 2025
September 25, 2025
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
ENVIRONMENT & ENERGY ATTORNEY

McCarter & English, LLP is actively seeking an associate the to join its Environment & Energy Practice Group in Philadelphia, PA. Ca...


Apply Now ›
ENVIRONMENT & ENERGY ASSOCIATE

McCarter & English, LLP is actively seeking an associate the to join its Environment & Energy Practice Group in Newark, NJ. Candida...


Apply Now ›
PRODUCTS LIABILITY, MASS TORTS AND CONSUMER CLASS ACTION ATTORNEYS

McCarter & English, LLP is seeking litigation attorneys for our Newark, NJ offices. Candidates must have 3-6 years of law firm experien...


Apply Now ›
Go to Lawjobs