Attorney Thomas Stylianos Jr's Legal Cases

Immigration

Tillery v. Holder, 14-1193 (1st Cir. 2016)

Jul 06, 2016

OUTCOME: For the Petitioner, matter remanded.

Tillery v. Holder, 1st Circuit Petition for Review of Board of Immigration Appeals decided for Alien on July 6, 2016 (Mandate). In this case the Alien married a USC who was abusive. The alien was deni ... ed adjustment by the USCIS Field Office and put in Deportation Proceedings where she applied for Special Cancellation. In the Immigration Court the Government prevailed by arguing that the Alien had the burden of of proving good faith marriage in spite of the absence of Statutory or Case law. The Immigration Court agreed with the Government. The BIA Affirmed. The Circuit overturned the findings of the good faith marriage requirement and remanded the case.

Immigration

Massachusetts v. Cano, 87 Mass.Ap.Ct. 283 (2015)

Apr 03, 2015

OUTCOME: Case Dismissed

Massachusetts v. Cano, 87 Mass.Ap.Ct. 238 (2015) The plea in this case was vacated and the matter remanded to the District Court for failure of the Trial Judge failing to hold a hearing on the existe ... nce of “special circumstances” as this was an Immigration related new trial motion. The Plea Judge failed to hold an evidentiary hearing on the Immigration Related new trial motion where the Alien had made a substantial showing that he faced harm if Removed to his country of Citizenship. At the time of the ruling on the motion, the Alien was in ICE custody based on the US Attorney General reversing the Immigration Judge’s ruling. After the Appeals Court remand, the Presiding Justice (the Plea Judge had retired) granted the new trial motion. Subsequently, the case was dismissed.

Immigration

Taing v. Holder et al, 567 F.3d 19 (1st Cir. 2009)

Aug 19, 2009

OUTCOME: Judgment for the Plaintiff

Taing v. Holder et al, 567 F.3d 19 (1st Cir 2009) below, Taing v. Gonzales et al, 526 F.Supp.2d 177 (D-Mass. 2007) This is the First Circuit case that recognized that a spouse of a deceased USC rem ... ains the spouse of a USC and may get a Green Card. This case, along with the sister cases in several circuits, made the USCIS change their official position to conform to that in the INA. Ms. Taing married a US Citizen. Between the time she filed for a Marriage-One-Step and the interview, her USC husband died of a CVA. USCIS (Boston District then) put her in Removal Proceedings. In the Immigration Court, we were able to secure a stay (over the government’s objection) after filing in Federal District Court. The District Court found for Ms. Taing and upheld the continuing spouse hood of a widow or widower. The USCIS appealed to the Circuit Court. The Circuit Court affirmed the District Court – Ms. Taing was still the spouse of a USC, just like the plain language of the INA. The Mandate issued on 08/09/2009. Based on this loss and losses in several other circuits, USCIS changed its practice.

Tax

Wallace v. CIR, 128 T.C. 132 (2007)

Apr 04, 2007

OUTCOME: Judgment or the Petitioner, Mr. Wallace.

Wallace v. CIR, 128 T.C. 132 (2007) In this case I secured tax free status for a whole population of US Military veterans who were receiving something called “Compensated Work Therapy.” This case pre ... vented the Internal Revenue Service from collecting thousands of dollars from disabled veterans. The Internal Revenue Service no longer attempts to collect tax from these veterans benefits.

Appeals

Massachusetts v. Pixley, 48 Mass.Ap.Ct. 917 (2000)

Jan 28, 2000

OUTCOME: Conviction Vacated

Massachusetts v. Pixley, 48 Mass.Ap.Ct 917 (2000) Mr. Pixley’s guilty plea was found to be involuntary and his new trial motion was granted by the Appeals Court. Mr. Pixley was charged with posse ... ssion of cocaine. He was brought before the court a number of times until he entered a plea. The Appeals Court found that he was never fully apprised of the elements of the crime and thus his plea was defective.

Thomas Stylianos Jr's Legal Cases (5)

Tillery v. Holder, 14-1193 (1st Cir. 2016)

Massachusetts v. Cano, 87 Mass.Ap.Ct. 283 (2015)

Taing v. Holder et al, 567 F.3d 19 (1st Cir. 2009)

Wallace v. CIR, 128 T.C. 132 (2007)

Massachusetts v. Pixley, 48 Mass.Ap.Ct. 917 (2000)