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Agencies & Liaison
Department of Homeland Security
Agency Memos, Cables, Letters & Guidance
(140 KB - 12/31/2008)
AILA Doc. No. 08123162.
Neufeld and Scialabba Memo on Taiwan and Certificates of Naturalization or Citizenship
(90 KB - 12/15/2008)
A 12/1/08 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS and Lori Scialabba, Associate Director, Refugee, Asylum and International Operations, updates the AFM on the use of “Taiwan” as country of former nationality on Certificates of Naturalization or as country of birth on Certificates of Citizenship. AILA Doc. No. 08121563.
AILA Doc. No. 08121563.
ICE Guide for Examiners of Travel and Identity Documents
(6766 KB - 12/10/2008)
This is an ICE Forensic Document Laboratory guide to travel and identity documents intended to assist those tasked with examining travel and employment authorization documents. AILA Doc. No. 08121069.
AILA Doc. No. 08121069.
Neufeld and Jones Memo on Processing N-400s at New Lockbox Facilities
(1866 KB - 12/9/2008)
A 12/2/08 USCIS memo from Donald Neufeld, Acting Associate Director, Domestic Operations Directorate, USCIS, and Rendell Jones, Chief Financial Officer, USCIS, describes the process that will be used by Service Center Operations (SCOPS) to ship N-400/G-28 forms to the two lockbox locations. AILA Doc. No. 08120930.
AILA Doc. No. 08120930.
Scialabba & Neufeld Memo on Intercountry Adoption Under Hague Convention
(97 KB - 10/31/2008)
A 10/31/08 memo from Lori Scialabba & Don Neufeld provides guidance to USCIS adjudicators for adjudicating visa petitions in light of the Hague Adoption Convention, INA §101(b)(1)(G), as amended, and the USCIS Hague Adoption Convention rule. AILA Doc. No. 08103190.
AILA Doc. No. 08103190.
DHS Fact Sheet on Exemption Authority for Certain Terrorist-related Inadmissibility Grounds
(31 KB - 11/20/2008)
On 10/30/08 DHS released a fact sheet on the implementation of exemption authority for certain terrorist-related inadmissibility grounds for cases with administratively final orders of removal. AILA Doc. No. 08112066.
AILA Doc. No. 08112066.
CIS Ombudsman Makes Recommendations on EAD Processing Delays
On 10/2/08 the CIS Ombudsman issued recommendations regarding USCIS processing delays for employment authorization documents. AILA Doc. No. 08100361.
AILA Doc. No. 08100361.
CBP Muster on IFM Amendments Regarding Returning Residents
(79 KB - 10/13/2008)
A 10/13/08 CBP muster informing CBP officers of amendments to IFM Chapter 13.2 entitled “Returning Residents Lacking Evidence of Alien Registration.” The changes specify fee requirements. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11093038.
AILA Doc. No. 11093038.
Neufeld Memo on Special Immigrant Religious Worker Petitions Affected by Oct. 1 Sunset
(105 KB - 9/23/2008)
A 9/19/08 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, provides guidance on the processing of special immigrant religious worker petitions affected by the October 1, 2008 sunset date. AILA Doc. No. 08092362.
AILA Doc. No. 08092362.
Cooper Memo: Removal and Detention of Persons Admitted as Refugees
(459 KB - 9/17/2008)
This recently acquired 2001 memo from Bo Cooper, General Counsel, Immigration and Naturalization Service, details the agency's authority under INA section 209 to detain individuals admitted as refugees who have not applied for adjustment of status within one year of admission. The memo also addresses the agency's authority to remove individuals granted refugee status. AILA Doc. No. 08091767.
AILA Doc. No. 08091767.
ICE Performance Based National Detention Standards
ICE Performance Based National Detention Standards (PBNDS), released on 9/12/08, consisting of 41 standards governing the conditions of confinement for ICE detainees. Detention facilities must meet 90% of the non-mandatory provisions and 100% of the mandatory provisions. AILA Doc. No. 08091269.
AILA Doc. No. 08091269.
Norton Memo on Adjudication of Petitions and Applications Which Are in Litigation or Pending Appeal
This 1989 memo addresses the agency’s policy of the holding subsequently filed duplicate petitions and applications in abeyance pending the outcome of appeal of the originally filed petition or application. AILA Doc. No. 08091267.
AILA Doc. No. 08091267.
ICE SEVIS User Training Slides for Schools and EVP Sponsors
ICE released presentation slides from an August 2008 conference on changes to the Student and Exchange Visitor Information System (SEVIS) for F/M school users and exchange visitor program sponsors. AILA Doc. No. 08090465.
AILA Doc. No. 08090465.
Langlois Memo on Making ABC Registration Determinations
(451 KB - 9/2/2008)
An 8/5/08 memo from Joseph Langlois, Chief, Asylum Division, USCIS adopts the
Chaly-Garcia v. U.S.
decision on evidence of ABC registration as policy. Courtesy of Thad Servi. AILA Doc. No. 08090264.
AILA Doc. No. 08090264.
USCIS Interprets Section 212(a)(9)(B) Inadmissibility of the INA
(179 KB - 8/29/2008)
A July 14, 2006, letter from Robert Divine, USCIS Chief Counsel, discusses the USCIS interpretation of the effect of presence in the United States pursuant to a grant of parole under INA §212(d)(5) after a departure that triggers inadmissibility under INA §212(a)(9)(B). AILA Doc. No. 08082930.
AILA Doc. No. 08082930.
USCIS Webpage Provides a Guide to the Redesigned Naturalization Test
USCIS created a page on its website, which is a guide to the redesigned naturalization test. It clarifies which version of the test and applicant can take based on when she applied and the date of the interview. AILA Doc. No. 08082872.
AILA Doc. No. 08082872.
Scialabba and Neufeld Memo on Inadmissibility Due to HIV Infection
(150 KB - 8/28/2008)
On August 26, 2008, Lori Scialabba, Associate Director, Refugee, Asylum, and International Operations Directorate, USCIS, and Donald Neufeld, Associate Director, Domestic Operations, USCIS, released a memo on inadmissibility due to HIV infection in light of the President's signing of H.R. 5501. AILA Doc. No. 08082861.
AILA Doc. No. 08082861.
Neufeld Memo on Naturalization for Military Spouses and Children
(633 KB - 8/26/2008)
An 8/15/08 Memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS provides guidance on continuous residence, physical presence and overseas naturalization for military spouses and children. It revises the AFM Chapters 71, 73 and 74. AILA Doc. No. 08082668.
AILA Doc. No. 08082668.
Aytes Memo on Discretionary Exemptions to Terrorist Activity Inadmissibility Grounds
(1832 KB - 8/11/2008)
A 7/28/08 memo from Michael Aytes, Acting Deputy Director, USCIS, on the discretionary authority of the DHS and DOS Secretaries to exempt the effect of a foreign national’s terrorist activities on admissibility or removability. AILA Doc. No. 08081131.
AILA Doc. No. 08081131.
Iowa Defense Lawyers Given Government Manual
A Government "manual" was distributed to defense attorneys in Iowa who represented immigrant workers that were arrested in May 2008. AILA Doc. No. 08073165.
AILA Doc. No. 08073165.
Neufeld Memo Clarifies Section 245(k)’s Application to 245(c) for Certain Employment-based Applications
(85 KB - 7/30/2008)
7/14/08 memo from Acting Associate Director of Domestic Operations Donald Neufeld clarifying how section 245(k) of INA renders certain section 245(c) bars to adjustment of status under section 245(a) inapplicable to certain employment-based adjustment of status applicants.
AILA Doc. No. 08073061.
Scharfen Memo Responds to CIS Ombudsman on Fee Refunds
(50 KB - 7/28/2008)
A 5/23/08 Memo from Jonathan Scharfen, Acting Director, USCIS, to CIS Ombudsman Dougherty, addresses the Ombudsman’s Recommendation # 34, from the 2008 Annual Report to Congress, which requests clarification of the “refund of fees” procedures. AILA Doc. No. 08072866.
AILA Doc. No. 08072866.
CBP Policy on Border Search of Information
(1340 KB - 7/16/2008)
CBP legal and policy guidelines dated 7/16/08 regarding the border search of information and how officers may search, review, retain, and share certain information possessed by individuals. Guidance obtained through the CBP FOIA Library. AILA Doc. No. 08071659.
AILA Doc. No. 08071659.
Neufeld Memo on Changes to the Naturalization Interview Process (Updated 7/14/08)
(144 KB - 7/14/2008)
A 4/25/08 Memo from Donald Neufeld, Acting Associate Director, Domestic Operations, to USCIS field offices on changes to the naturalization interview process. Two attachments follow the Memo. AILA Doc. No. 08071163.
AILA Doc. No. 08071163.
USCIS Referral Document Regarding Issuance of NTAs to Asylum Applicants
(46 KB - 7/10/2008)
USCIS has released a referral document which explains the process for issuance of Notice to Appear (NTA) documents to asylum applicants. The document breaks down the process that the Asylum Office is required to take when submitting a decision to an asylee applicant, specifically when an NTA is necessary. AILA Doc. No. 08071068.
AILA Doc. No. 08071068.
Scharfen Memo on Petitions Returned by DOS for Revalidation or Revocation
(54 KB - 7/9/2008)
A 5/23/08 Memo from Jonathan Scharfen, Acting Director, USCIS reponds to CIS Ombudsman Michael Dougherty, regarding a recommendation on the processing of petitions that are returned by DOS for revalidation or revocation. AILA Doc. No. 08070930.
AILA Doc. No. 08070930.
Neufeld Memo on Special Immigrant Visas for Certain Iraqis
(71 KB - 7/8/2008)
A 7/7/08 Memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, revises the AFM by adding new guidance on adjudicating Form I-360 for Iraqi nationals petitioning for special immigrant status. AILA Doc. No. 08070862.
AILA Doc. No. 08070862.
USCIS Releases New Pamphlet for Potential Asylum Applicants
(34 KB - 7/8/2008)
On June 16, 2008, the Asylum Division of the U.S. Citizenship and Immigration Service (USCIS) released a new pamphlet for potential asylum applicants. The pamphlet includes a basic overview of the affirmative asylum program and Frequently Asked Questions. The pamphlet will be translated into the ten most common languages encountered by USCIS. AILA Doc. No. 08071063.
AILA Doc. No. 08071063.
CBP Muster on Changes in Saudi Arabian Visas
(96 KB - 6/29/2008)
A 6/29/08 CBP muster informing CBP officers of changes in Saudi Arabian visas. The muster explains that the U.S. and Saudi Arabia agreed to reciprocally increase the duration of visas issued to their respective citizens. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11093034.
AILA Doc. No. 11093034.
ICE Releases SEVIS II Brochure
(239 KB - 6/12/2008)
ICE released a brochure describing the SEVIS II system and explaining how it is different from the original SEVIS program. AILA Doc. No. 08061265.
AILA Doc. No. 08061265.
CBP Muster on the Core Elements of a Land Border Primary Inspection
(118 KB - 6/9/2008)
A 6/9/08 CBP muster informing CBP officers of their responsibilities during land border primary processing. The muster lists the main goals for the CBP officer and the actions to take by the officer to meet those goals. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11093031.
AILA Doc. No. 11093031.
Neufeld AC21 Memo
(139 KB - 6/5/2008)
A 5/30/08 Memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, provides supplemental guidance on the processing of I-140s and H-1Bs under AC21. AILA Doc. No. 08060560.
AILA Doc. No. 08060560.
DHS Letter to House Committee on Homeland Security Regarding ESTA
(39 KB - 6/3/2008)
A letter from Donald Kent, Jr., Assistant Secretary, Office of Legislative Affairs, DHS to the Chairman of the House Committee on Homeland Security reports on the implementation plan for the Electronic System for Travel Authorization (ESTA) for travelers coming to the U.S. under the Visa Waiver Program. AILA Doc. No. 08060366.
AILA Doc. No. 08060366.
CBP Muster on Taking Physical Possession of Travel Documents
(148 KB - 6/2/2008)
A 6/2/08 CBP muster informing CBP officers of how and when to take physical possession of travel documents. Muster explains that inadmissibility based on 212(a) of the INA cannot be used to refuse admission to a USC. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11092949.
AILA Doc. No. 11092949.
CBP Muster on Global Entry
(134 KB - 6/2/2008)
A 6/2/08 CBP muster informing CBP officers of Global Entry kiosks. The muster explains how to treat Global Entry members in various situations, including when a Passport Control Officer must determine admissibility. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11093033.
AILA Doc. No. 11093033.
CBP Muster on PRCs Without Expiration Dates and Abandonment of Residence
(106 KB - 6/1/2008)
A 6/1/08 CBP muster informing CBP officers of how to handle Permanent Resident Cards (PRCs) that do not list an expiration date. The muster also lists indicators on how to determine if an LPR has abandoned residence. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11093032.
AILA Doc. No. 11093032.
USCIS Releases Supplemental Q & As on OPT Extension for STEM Students
(73 KB - 5/27/2008)
USCIS posted supplemental Q & As to its website regarding the 4/4/08 interim final rule extending optional practical training (OPT) for qualified F-1 nonimmigrant students. AILA Doc. No. 08052760.
AILA Doc. No. 08052760.
CBP Muster on Inaccurate License Plate Queries
(122 KB - 5/26/2008)
A 5/26/08 CBP muster informing CBP officers of how to handle inaccurate license plate queries that result in TECS hits. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11092946.
AILA Doc. No. 11092946.
ICE Posts Map of SEVIS Approved Schools to Website
ICE posted an interactive map of SEVIS approved schools to its website. The list of schools is organized by state. AILA Doc. No. 08052171.
AILA Doc. No. 08052171.
Postville Raid: ICE Warrant and Affidavit
ICE submitted the following Application and Affidavit for a Search Warrant of the Postville Agriprocessors meat processing plant prior to the May 12 raid of the facility.
AILA Doc. No. 08052066.
CBP Muster on Exceptions to Mandatory Secondary Referrals
(283 KB - 5/19/2008)
A 5/19/08 CBP muster informing CBP officers of exceptions to mandatory secondary referrals. The muster offers a table, which lists each exception code with description and an example. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11092945.
AILA Doc. No. 11092945.
ICE Correspondence Addresses Right To Presence Of Counsel
ACLU of Northern California letter to ICE and ICE response regarding right to presence of counsel at certain stages of detention. AILA Doc. No. 08051564.
AILA Doc. No. 08051564.
CIS Ombudsman Recommends CIS Clarify Fee Refund Procedures
(91 KB - 5/9/2008)
The CIS Ombudsman's office released a 4/8/08 recommendation to the USCIS Director regarding the need to clarify the refund of fees procedures and revise Section 10.10 of the AFM. AILA Doc. No. 08050962.
AILA Doc. No. 08050962.
CBP Memo: Enforcement Activities at Schools and Places of Worship
(1262 KB - 5/7/2008)
These two legacy border patrol memorandums relate to enforcement activities in schools, places of worship, funerals, and other religious ceremonies. AILA Doc. No. 08050774.
AILA Doc. No. 08050774.
Neufeld Memo Revises Guidance on CSPA
(107 KB - 5/6/2008)
A 4/30/08 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, revises Chapter 21.2(e) of the Adjudicator’s Field Manual (AFM) regarding the Child Status Protection Act. AILA Doc. No. 08050669.
AILA Doc. No. 08050669.
ICE Post-Completion OPT Policy Guidance
ICE issued policy guidance to designated school officials (DSOs) of SEVP-certified schools. AILA Doc. No. 08042861.
AILA Doc. No. 08042861.
Aytes Memo on Adjustment for VAWA Self-Petitioners
(58 KB - 4/21/2008)
A 4/11/08 memo from Michael Aytes, Associate Director, Domestic Operations, provides guidance on adjudicating adjustment of status applications filed by VAWA self-petitioners, who are present in the U.S., without having been inspected and admitted or paroled. AILA Doc. No. 08042161.
AILA Doc. No. 08042161.
DHS Authorization Document Regarding Material Support Provided to the ELN
(443 KB - 4/17/2008)
A 12/18/07 Authorization Document from Paul Rosenzweig, Deputy Assistant Secretary for Policy, DHS, communicates Secretary Chertoff’s determination that material support inadmissibility provisions are not applicable to material support provided under duress to the National Liberation Army of Colombia (ELN). AILA Doc. No. 08041772.
AILA Doc. No. 08041772.
DHS Authorization Document Regarding Material Support Provided to the AUC
(446 KB - 4/17/2008)
A 3/10/08 Authorization Document from Paul Rosenzweig, Deputy Assistant Secretary for Policy, DHS, communicates Secretary Chertoff’s determination that material support inadmissibility provisions are not applicable to material support provided under duress to the United Self-Defense Forces of Colombia (AUC). AILA Doc. No. 08041769.
AILA Doc. No. 08041769.
CBP Responds to AILA Comment on Proposed Changes to I-94
CBP responded to AILA’s comment on proposed changes to Form I-94: Arrival and Departure Record. AILA Doc. No. 08041764.
AILA Doc. No. 08041764.
Aytes Memo: Extension of Validity of Medical Certifications on Form I-693
(46 KB - 4/15/2008)
This January 7, 2008, memo temporarily extends the validity of civil surgeon endorsements on Form I-693 for certain adjustment of status applicants. AILA Doc. No. 08041566.
AILA Doc. No. 08041566.
USCIS Guidance on the E-Verify Manual Registration Process for State Workforce Agencies
(71 KB - 4/7/2008)
USCIS guidance on the E-Verify registration process for State Workforce Agencies. AILA Doc. No. 08040764.
AILA Doc. No. 08040764.
DHS/SSA/SWA Memorandum of Understanding Regarding E-Verify
(66 KB - 4/7/2008)
A Memorandum of Understanding between the Department of Homeland Security, the Social Security Administration and State Employment Agencies, regarding a State Employment Agency’s participation in E-Verify. AILA Doc. No. 08040763.
AILA Doc. No. 08040763.
Aytes Memo Revises AFM Regarding U Visas
(1123 KB - 4/2/2008)
A 3/26/08 Memo from Michael Aytes, Associate Director, Domestic Operations, USCIS, revises Chapter 39 of the
Adjudicator’s Field Manual
, establishing the requirements and procedures for foreign nationals seeking U nonimmigrant status. AILA Doc. No. 08040256.
AILA Doc. No. 08040256.
USCIS Memo on Cuban Parole Requests
(518 KB - 4/1/2008)
A 3/4/08 Memo from Tracy Renaud, Chief, Office of Field Operations, USCIS, provides guidance on processing of initial parole requests, or renewal parole requests, by Cubans. AILA Doc. No. 08040132.
AILA Doc. No. 08040132.
Scharfen Memo on Withholding Adjudication of Cases that Could Benefit from Consolidated Appropriations Act
(252 KB - 3/27/2008)
A 3/26/08 Memo from Jonathan Scharfen, Deputy Director, USCIS, addresses reviewing prior denials, and withholding adjudication, of cases that could benefit from the Secretary’s expanded discretionary authority to exempt certain inadmissibility grounds as they relate to undesignated terrorist organizations or an individual. AILA Doc. No. 08032747.
AILA Doc. No. 08032747.
Scialabba Memo on Authority to Grant Asylum in Expedited Removal Process
(198 KB - 3/26/2008)
A 2/8/08 Memo from Lori Scialabba, Associate Director, Refugee, Asylum, and International Operations Directorate, USCIS, in response to the U.S. Commission on International Religious Freedom’s recommendation that asylum officers be given the authority to grant asylum in approvable cases at the time of the credible fear interview. AILA Doc. No. 08032631.
AILA Doc. No. 08032631.
Neufeld Memo Revises Adjudicator’s Field Manual Regarding License Requirements for Some H-1Bs
(202 KB - 3/24/2008)
A 3/21/08 Memo from Donald Neufeld, Deputy Associate Director, Domestic Operations, USCIS, revises Chapter 31 of the Adjudicator’s Field Manual regarding professional licensure required for particular H-1B specialty occupations. AILA Doc. No. 08032432.
AILA Doc. No. 08032432.
Aytes Memo Revises Adjudicator’s Field Manual Regarding DNA Tests
(238 KB - 3/24/2008)
A 3/19/08 Memo from Michael Aytes, Associate Director, Domestic Operations, USCIS, revises Chapter 21 of the Adjudicator’s Field Manual regarding genetic relationship testing. AILA Doc. No. 08032430.
AILA Doc. No. 08032430.
Updated CDC Vaccination Requirements for Immigrant Visa Applicants (Updated 2/28/08)
The Centers for Disease Control (CDC) instructs "panel physicians" designated in other countries for conducting medical examinations of immigrants to the U.S. in coordination with consular immigrant visa processing. In late 2007, CDC announced two changes for these medical exams. AILA Doc. No. 08022763
AILA Doc. No. 08022763.
Updated CDC Vaccination Requirements for Immigrant Visa Applicants
(153 KB - 2/27/2008)
In late 2007 CDC released updated technical instructions on vaccination requirements for immigrant visa applicants. AILA Doc. No. 08022763.
AILA Doc. No. 08022763.
CBP Muster on Commercial Aircraft APIS Pre-Departure Procedures
(141 KB - 2/17/2008)
A 2/17/08 CBP muster informing CBP officers of commercial aircraft APIS pre-departure requirements effective 2/19/08. After that date, CBP will enforce 100% APIS sufficiency for all air APIS manifests. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11092944.
AILA Doc. No. 11092944.
ICE Worksite Enforcement Advisory for Employers
(1546 KB - 2/7/2008)
ICE issued an advisory for employers to increase awareness of employment authorization fraud. AILA Doc. No. 08020770.
AILA Doc. No. 08020770.
USCIS Memo: Revised National Security Adjudication and Reporting Requirements
(97 KB - 2/7/2008)
This February 4, 2008, USCIS Michael Aytes memorandum modifies existing guidance regarding background and security checks on applicants, petitioners and beneficiaries seeking certain immigration benefits. AILA Doc. No. 08020760.
AILA Doc. No. 08020760.
USCIS Posts "Helpful Hints for H-1B Filings"
On 2/1/08 USCIS posted “Helpful Hints for H-1B Filings” on its website in anticipation of mass filings on April 1, 2008. AILA Doc. No. 08020134.
AILA Doc. No. 08020134.
CBP Muster on C-1/D Guidance for Air Crewmembers
(110 KB - 1/21/2008)
A 1/21/08 CBP muster clarifying to CBP officers the admission procedure for air crewmembers arriving as deadheading crew, as crew with an operating base in the U.S., or as crew maintaining temporary housing in the U.S. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11092942.
AILA Doc. No. 11092942.
CBP Muster on Consular Notification
(119 KB - 1/21/2008)
A 1/21/08 CBP muster reminding CBP officers how and when consular notification becomes necessary at a port of entry. Also, CBP should treat aliens the way CBP would want U.S. citizens treated by other countries. Muster obtained through FOIA 2011F03343 filed by AILA. AILA Doc. No. 11092943.
AILA Doc. No. 11092943.
ICE Memo: Involuntary Sedation of Immigration Detainees
(216 KB - 1/16/2008)
This January 9, 2008, ICE memo requires a federal district court order before the Division of Immigration Health Services can administer involuntary sedation to individuals subject to deportation. AILA Doc. No. 08011661.
AILA Doc. No. 08011661.
USCIS Memo Provides Guidance for Processing "IDENT" I-90 Applications
(229 KB - 1/7/2008)
A 1/4/08 Memo from Michael Aytes, Associate Director, Domestic Operations, USCIS, addresses the processing of IDENT I-90 applications that are sent to the resolution unit of a USCIS office. AILA Doc. No. 08010762.
AILA Doc. No. 08010762.
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