Kocharian v. Holder
Oct 06, 2011OUTCOME: Petitioned Denied in Part, Granted in Part and Remanded
Paramus, NJ
Immigration Lawyer at Paramus, NJ
Practice Areas: Immigration
OUTCOME: Petitioned Denied in Part, Granted in Part and Remanded
OUTCOME: Remanded
Mr. Ibis filed a Mandamus action in U.S. District Court in New Jersey asking a federal judge to compel the USCIS to adjudicate his naturalization application, which was pending for close to five years. ... USCIS sought to dismiss the matter claiming that the background checks were not completed, which deprived the federal court of jurisdiction to hear the matter. But the Senior U.S. District Court Judge Debevoise denied government's motion to dismiss and remanded the matter to USCIS. In the judge's decision, he specifically instructed USCIS to complete the background checks witihin 60 days and make a decision on the matter. After the matter was remanded to USCIS, Mr. Ibis's naturalization application was completed and approved within a week and he was granted U.S. Citizenship. The full decision of this matter can be found at the following link: http://www.websupp.org/data/DNJ/2:07-cv-01773-12-DNJ.pdf
OUTCOME: Asylum Granted
US DHS attempted to deport an Ethiopian man with a final order of deportation before the Board of Immigration Appeals decided the pending Motion to Reopen, which was filed with same based on changed co ... untry conditions in Ethiopia. Senior U.S. District Court Judge Debevoises granted Petitioner's Writ of Habeas Corpus staying Petitioner's deportation from the United States. But US DHS deported the Petitioner to Ethiopia in spite of the federal judge's order. After an emergency hearing was requested by counsel, which was attended by U.S. Congressman Donald Payne, U.S. District Court Judge Debevoise ordered the U.S. Attorney's Office to arrange for the Petitioner's safe return to the United States. The Petitioner was returned to the United States a week later. After further negotiations, the US DHS joined in the Motion to Reopen, which was still pending with the Board of Immigration Appeals. The case was eventually remanded to a new Immigration Judge sitting in Arlington, Virginia to have a full and fair hearing on his asylum claim. After a hearing, Immigration Judge Iskra granted Kassa political asylum. DHS did not appeal the decision. Counsel filed with the U.S. District Court an application for attorney's fees under the Equal Access to Justice Act, which was subsequently settled with US DHS out of court.
OUTCOME: Cert. Denied
Visa Waiver & Adjustment of Status after 90 days
OUTCOME: Petition Denied (Deferred Action Granted)