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| | Theodore Vialet, lawyers in New York, NY, New York (Site not responding. Last check: 2007-10-21) |
 | | Only the acts or omissions of government employees and officials may be challenged in an FTCA action, and state law governs both the types of actions and available defenses. |
 | | First, under the discretionary acts exception, acts committed by governmental officials and employees that are discretionary in nature cannot serve as bases for FTCA liability. |
 | | In the immigration context, the government has been found liable for several types of actions, including failing to follow mandatory agency procedures relating to legalization, beating an alien who refused to accept voluntary departure, and failing to allow legalization applicants access to counsel. |
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