In the case of U.S. v Warda, while ultimately holding that the Military Judge abused his discretion by failing to abate the proceedings, the court upheld the Military Judge’s decision regarding the discovery of VAWA confidentiality protected information. The Court found that documentation of the victim’s immigration status was not in the custody or control of the military, and that USCIS which clearly cited VAWA confidentiality laws 8 U.S.C. Section 1367 could not be compelled to turn over any information about the existence of or information contained in any VAWA confidentiality protected immigration records. In this case the United States Court of Appeals for the Armed Forces recognized that all parties to this case including the military judge would have benefitted from expert testimony on immigration law.
Case law, Divorce/Annulment/Marriage, Protection Orders, Sexual Assault & Dynamics, VAWA Confidentiality