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The Claimant challenged the Secretary of State’s policy regarding reconsideration of decisions about whether a person was or was not a victim of human trafficking. William Irwin represented the Secretary of State.
The Claimant was the subject of a negative trafficking decision by the Secretary of State. She wanted to the Secretary of State to reconsider that decision on the basis of fresh material. The Secretary of State relied upon her policy which provided that any fresh consideration of a person’s trafficking status would only be made if a first responder referred the case for reconsideration. The Court held that the Secretary of State’s policy fettered her discretion.