August 27, 2012 – Citizens of Korea have their removal proceedings terminated after lengthy court battle

Facts: A mother and her two sons, who are citizens of Korea, approached the firm with a very complicated immigration case. Prior to retaining the firm, five different immigration law firms had turned them down.

The Firm’s Representation: ICE alleged that our clients were deportable because the mother’s husband (and the sons’ father) had obtained a labor based immigrant visa by fraud, and thus our client’s were inadmissible when they adjusted status. The firm took the position that had our clients entered the United States with the fraudulent immigrant visa, they would have been inadmissible. However, our clients adjusted status and under Fourth Circuit case law, adjustment is not the same as admission, as that term is defined in the Immigration and Naturalization Act.

Outcome: After extensive briefing by both the firm and ICE, the Immigration Judge agreed with our position and terminated our client’s removal proceedings on June 20, 2012. Subsequently, ICE filed a motion to reopen the case three week later. The firm filed an opposition. Once, again the Immigration Judge agreed with the firm’s position and denied ICE’s motion to reopen on August 27, 2012.