Recent Case Results
December 19, 2011 – Citizen of Ethiopia received her naturalization after USCIS alleged that she had committed certain crimes and made a material misrepresentation
Facts: A citizen of Ethiopia came to the United States in 1969 on a student visa. Eventually she obtained a green card. In 1975, she pled guilty to shoplifting. In 1996, she applied for naturalization and she failed to disclose her shoplifting conviction. The legacy INS denied her naturalization application. In 2011, she sought the firm’s assistance.
The Firm’s Representation: The firm obtained the conviction records and advised our client to reapply for citizenship.
Outcome: On December 19, 2011, our client became a proud citizen of the United States.
November 28, 2011 – Citizen of Trinidad and Tobago retains his green card after ICE terminated proceedings. Client released after two years of ICE detention.
Facts: In 1998, a citizen of Trinidad and Tobago was granted lawful resident status. In 2009, he was convicted in Maryland of second degree assault. ICE detained our client and instituted removal proceedings alleging that our client had committed “sexual abuse of a minor.”
The Firm’s Representation: The firm represented our client throughout his entire immigration proceedings. The firm asserted that the charges of removability could not be sustained by a conviction for second degree assault. In December 2009, our client was ordered removed in the Immigration Court. Our appeal to the Board of Immigration Appeals was denied in April 2010. On June 3, 2010, our client was deported to his home country of Trinidad and Tobago. The firm appealed to the U.S. Court of Appeals for the Fourth Circuit. By order of the Fourth Circuit, the case was remanded back to the Board of Immigration Appeals, which remanded the case all the way back to the Immigration Court. After lengthy negotiations with the Department of Homeland Security, our client was granted parole back into the United States on June 3, 2011. In the Immigration Court, once again the Immigration Judge ordered our client deported. The firm filed an appeal to the Board of Immigration Appeals and filed a habeas corpus in the U.S. District Court for Maryland. Concurrent with our client’s immigration proceedings, the firm also filed and successfully obtained post-conviction relief for our client’s 2002 theft conviction.
Outcome: On November 28, 2011, the Department of Homeland Security changed their position on our client’s case and terminated his removal proceedings and released our client from detention. Hopefully, in a couple of years, the firm will be able to file an application for citizenship on behalf of our client.
November 28, 2011 – Citizen of France receives U.S. citizenship after receiving 212(h) and 212(i) waivers for material misrepresentation in the Immigration Court and a crime involving moral turpitude
Facts: In 1994, a citizen of France came to the United States. Several years later he was convicted of theft. At about the same time, he married a U.S. citizen and applied for a green card. He got his green card, but never disclosed his theft conviction. He twice applied for citizenship, but was denied each time. In 2010, while returning from trip abroad, he was detained by Customs and Border Patrol and placed in removal proceedings. He sought the firm’s assistance.
The firm’s representation: The firm reviewed our client’s case and saw that he was eligible for a 212(h) and 212(i) waiver based on hardship to his family.
Outcome: On July 22, 2011 the Immigration Judge granted both waivers. The firm is assisting our client with his naturalization process. Our client’s naturalization application was recently approved and he should be a citizen of the United States within 45 days. On November 28, 2011, our client became a proud citizen of the United States.
October 17, 2011 – Citizen of Togo received Reopening from the Board of Immigration Appeals
Facts: In 2001, a citizen of Togo came to the United States and applied for asylum, which was denied. In 2010, he tried to get his case reopened and sought assistance from a local law firm in another state. The prior law firm filed a motion to reopen, which was summarily denied. Then, the prior law firm filed a second motion, which was also denied. After the second denial, the citizen of Togo was distraught, depressed, and ready to give up. Instead of giving up, he sought the firm’s help.
The Firm’s Representation: The firm reviewed our client’s case and saw that his previous law firm had made several egregious mistakes in their motions. The previous law firm had asserted that our client was eligible for relief, but for the wrong reasons. The firm re-filed a motion to reconsider asserting that our client’s case should have been reopened based on a different theory of law. The firm asked the Board of Immigration Appeals not to penalize our client for the sins of his previous counsel.
Outcome: On October 17, 2011 the Board of Immigration Appeals granted the motion to reopen. Our client is now free to adjust status in the Immigration Court and finally after over 10 years, get his green card. Our client’s case is now pending before the Immigration Court and USCIS.
August 8, 2011 – Citizen of Trinidad and Tobago received a Green Card after her case was reopened in the Immigration Court, 15 years after she was ordered deported
Facts
In 1996, a citizen of Trinidad and Tobago was granted voluntary departure, but she never left the United States. In 2009, she married a United States citizen who petitioned for her to get a permanent residence. However, she could not adjust status until her case was reopened in the immigration court.
The Firm’s Representation
The firm reviewed our client’s case saw that she and her husband had many positive equities and filed a motion to reopen asking the judge to reopen the case based on his discretion. The motion was granted on July 13, 2010.
Outcome
Our client’s I-130 petition was granted and an individual hearing on adjustment of status was schedule for August 2011. On August 8, 2011, after a hearing in the Immigration Court, our client was granted a green card.
June 20, 2011 – Citizen of Guatemala received termination of removal proceedings after defeating allegations of material misrepresentation in the Immigration Court
Facts
In 1988, a citizen of Guatemala entered the United States without inspection. He was caught at the border and deported. He re-entered the United States a year later. In 1995, he started the process of getting a green card. He told his lawyer about the prior deport, but his lawyer did not disclose the prior deport on the I-485. In 1997, he received his green card. In 2004, he applied for naturalization, but was denied once USCIS discovered his prior deport and failure to disclose the prior deport on the I-485. He was then placed in removal proceedings.
The Firm’s Representation
The firm discovered crucial evidence in our client’s FOIA documents that almost conclusively demonstrated that our client’s previous lawyer committed a serious error.
Outcome
At a hearing in the immigration court, the firm was able to demonstrate that our client had not made a material misrepresentation. On June 20, 2011, the Immigration Judge terminated removal proceedings. The firm is assisting our client with his naturalization application.
June 6, 2011 – Citizen of Kyrgyzstan received asylum after the firm won a remand in the Board of Immigration Appeals
Facts: A citizen of Kyrgyzstan applied for asylum in the United States based on religious persecution in his home county. Unfortunately, he was denied asylum. He retained an attorney to represent him before the Board of Immigration Appeals (BIA). His appeal was denied. He was unsatisfied with his attorney and asked the firm for help with his case.
The Firm’s Representation: The firm took our client’s case and immediately filed a petition for review in the United States Court of Appeals for the Fourth Circuit. Simultaneously, the firm filed a motion to reconsider with the BIA. The firm determined that our client’s previous attorney missed a crucial legal argument in the direct appeal to the BIA.
Outcome: On November 10, 2009, the BIA granted the motion to reconsider and remanded the proceedings back to the immigration court. On June 6, 2011, with the assistance of the firm, our client was granted asylum.
May 11, 2011 – Coram Nobis relief denied, appeal in the Maryland Court of Special Appeals pending
Facts: In 2010, a non-citizen defendant pled guilty conspiracy to commit robbery and received a sentence of exactly one year of incarceration. After he finished his term of incarceration, he was picked up by Immigration and Customs Enforcement. His family contacted the firm for help.
The firm’s representation: The firm reviewed his criminal case and discovered that our client had received incorrect information concerning the immigration consequences of his plea. The firm filed a Petition for a Writ of Error Coram Nobis.
Outcome: On May 11, 2011, the Circuit Court denied the coram nobis without a hearing. The firm appealed the decision to the Maryland Court of Special Appeals claiming the Circuit Court violated the client’s due process rights because the Circuit Court could not have resolved the claims raised in the coram nobis petition without a hearing. The appeal in the Court of Special Appeals remain pending.
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.
September 27, 2010 – Citizen of Guyana received reopening from the Board of Immigration Appeals, eight years after he was ordered deported
Facts
In 2000, a citizen of Guyana applied for a green card based on marriage to his U.S. citizen wife. However, at his hearing in the Immigration Court, the government alleged that he had made a false claim of citizenship. The Immigration Judge agreed and ordered him removed. The non-citizen fought his case on appeal for nearly eight years. In the process, he spent thousands of dollars on lawyers. After his last appeal was denied in November 2009, he asked the firm to help him with his case.
The Firm’s Representation
The firm reviewed our client’s case and noticed that his immigration court trial attorney had made several errors. The firm filed a Motion to Reopen based on ineffective assistance of counsel in January 2010.
Outcome On September 27, 2010, the BIA granted the motion to reopen. Our client’s case has been remanded to the Immigration Court and his case is still pending there.
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