Bethlehem, PA
Immigration Lawyer at Bethlehem, PA
Practice Areas: Immigration, Federal Crime ... +2 more
OUTCOME: Granted in part for Jurisdiction, Denied in part for Release.
Precedential Case of First Impression in Third Circuit Court of Appeals. The Court held that Defendant's release order pursuant to the Bail Reform Act did not mandate her release from her detention by ... ICE pending removal proceedings.
OUTCOME: Case Re-Opened
Motion to Reopen granted. Client had previously been deported 4 years ago due to his prior counsel's ineffective assistance. We successfully got his case reopened, despite his having a conviction for ... drug trafficking. We argued that he was deprived of his 6th Amendment right to counsel. The Immigration Judge in New York ordered the United States to bring him back from El Salvador.
OUTCOME: Case was remanded back to the BIA then back to the Immigration Judge for further consideration.
United States Court of Appeals for the Third Circuit. Case Number 16-4278 Our firm was hired to appeal this case to the Third Circuit. We argued that client's Constutional rights to due process un ... der the 5th Amendment were violated by the immigration trial court. The government agreed to send the case back to the lower court.
OUTCOME: Cert Denied
U.S. Supreme Court Petition for Writ of Cetiorari https://www.supremecourt.gov/Search.aspx?FileName=/docketfiles\16-155.htm
OUTCOME: Relief from deportation granted: client received Green Card.
EOIR Immigration Court, Boston, MA. Respondent was placed into removal proceedings after it was discovered that his former attorneys submitted a false asylum application. His former attorneys were ... convicted in Federal Court of conspiracy to defraud the United States: http://www.timesfreepress.com/news/local/story/2009/nov/22/law-firms-scam-reopens-hundreds-asylum-cases/243851/ Our firm represented the client in the subsequent deportation proceedings and we were able to show the respondent did not intend to submit a fraudulent asylum application. He was granted relief from deportation and allowed to adjust status to legal permanent resident.
OUTCOME: Granted in Part, Dismissed in Part
Petitioner, a native and citizen of Guatemala, petitioned for review of the BIA's decision declining to certify, pursuant to 8 C.F.R. 1003.1(c), his untimely appeal of the May 14, 2013 order of removal ... of the IJ. The court concluded that the decision not to certify an untimely appeal is committed to agency discretion by law. Because the decision not to certify an untimely appeal is committed to BIA discretion, it is not subject to judicial review. The court remanded to the BIA for it to address the motion to reopen removal proceedings because the agency had not addressed the motion. http://law.justia.com/cases/federal/appellate-courts/ca2/14-619/14-619-2016-03-21.html
OUTCOME: Case Administratively Closed
EOIR Immigration Court, York, PA. Client, a legal permanent resident, was arrested at his home in North Philadelphia after several attempts by Immigration and Customs Enforcement, ("ICE") of locat ... ing him. ICE agents were looking for him because they alleged that he had been convicted of heroin trafficking in Massachusettes, 10 years earlier. ICE agents had tried to get the cooperation of his neighbors to locate him to no avail. Finally, they resorted to telling his neighbors that he was the Kensington Strangler, who at that time was at large. The neighbors turned into a vigilante mob and attacked his house, leading to his arrest by ICE. Client was not the Kensington Strangler, nor at any time was he suspected of it. He was put into deportation proceedings and detained at the York Immigration Detention Facility. Client's family went to 8 different law firms in the Philadelphia area, and were told nothing could be done. In desperation, his wife flagged down a news van of WFMZ Channel 69 and told them her story and that she needed help. Channel 69 contacted our office regarding a viewer that needed immigration assistance. Our office was hired by the family. We won the case by showing that the US Government could not prove by clear and convincing evidence that the client was actually convicted of heroin trafficking. The case was administratively closed and the client was freed from custody and given his greencard and passport back.
OUTCOME: Asylum Granted
Executive Office for Immigration Review, Immigration Court Philadelphia, PA. Respondent's uncle was murdered by gang (MS-13) members. Respondent was assaulted and threatened with death by the same ... gang, while volunteering for an anti-gang candidate during presidential elections in Honduras. The Court found that the death threat and beating were because of her political opinion and membership in a particular social group.
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