April 14, 2011 – NACARA application denied based on manslaughter charge, appeal pending in the U.S. Court of Appeals for the Fourth Circuit

Facts A citizen of Guatemala came to the United States in 1984. In 1986, he was convicted of manslaughter in Washington, D.C. In 1991, he applied for inclusion in the American Baptist Churches (ABC) class action settlement. In 2006, the United States Citizenship and Immigration Services denied his application for NACARA benefits stating that his manslaughter conviction rendered him ineligible. He contacted the firm for help with his case.

The Firm’s Representation The firm took our client’s case and filed a writ of habeas corpus in the United States District Court of Maryland. Later, the firm filed a complaint for declaratory judgment and injunction relief and motion for a temporary restraining order. In addition, the firm represented our client at his NACARA hearing in the immigration court.

Outcome On March 12, 2010, the U.S. District Court issued an order declaring our client to be a member of the ABC class action settlement and ordered the government to comply with the terms of the ABC class settlement. Our client’s NACARA application was denied by the immigration court. The firm appealed to the Board of Immigration Appeals, which denied the appeal on April 14, 2011. The firm appealed the BIA’s decision to the U.S. Court of Appeals for the Fourth Circuit. The matter has been briefed and we are awaiting a decision from the court.