Removal Case Reopened, Waiver and LPR Adjustment Granted

Brian Ross Murray

Case Conclusion Date:July 10, 2012

Practice Area:Immigration

Outcome:Won. Days from being deported, Counsel successfully reopened removal order, and relief granted. Client was granted green card.

Description:Honduran Client was represented by three other attorneys in deportation/removal proceedings over the course of five years before finally being ordered removed on the basis of multiple felony convictions from 15 years earlier. Mr. Murray was not contacted about the matter until Client was already days from being deported. Nonetheless, Mr. Murray launched into quick action, first reviewing the case history where he discovered that all three prior attorneys had failed to even apply for a waiver for which the Client was ostensibly eligible. In a matter of days Mr. Murray filed an Emergency Motion to Reopen the Removal Proceedings on the basis that the Client had had ineffective assistance of counsel. Simultaneously, Mr. Murray prepared an application package requesting an administrative stay of removal so that ICE would not deport the Client while awaiting the Immigration Judge's decision on the Motion to Reopen. The administrative stay of removal was granted by ICE and within 2 weeks the Motion to Reopen was granted. With the matter reopened, Mr. Murray speedily prepared a waiver application arguing that an exception should be made for Client's old convictions and that the Client should be granted adjustment of status to lawful permanent residence on the basis of his marriage to a United States Citizen. Within weeks the matter was set for a final individual hearing and at the hearing the Immigration Judge granted the waiver application and approved Client's application for adjustment of status. He was released from custody that very day.