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In this unpublished decision, the Board of Immigration Appeals (BIA) sustained an interlocutory appeal filed by the Department of Homeland Security and vacated an immigration judge’s decision requiring the production of documents by Federal Bureau of Investigation (FBI) and U.S. Immigration and Customs Enforcement (ICE) relating to activities bearing on the respondent’s eligibility for adjustment of status. The Board held that the subpoenas were premature and overbroad, and found that the immigration judge did not sufficiently explain why the documents sought were “essential” to the case under 8 C.F.R. 1003.35(b). The decision was written by Member Michael Creppy and joined by Member Garry Malphrus and Member Hugh Mullane.