Practice Area: Immigration
Outcome: Terminated at EOIR, not reversed at BIA
Description: The goal of immigration cases is to avoid appeal. If a case has a strong enough position, then ICE may chose to terminate (dismiss) or not file an appeal. The reasons are two-fold. First, an ICE appeal may be counterproductive and futile. A precedent decision makes it easier for other foreigners to get relief. The DHS may believe that some in the same position may not merit termination. Second, it takes time and effort to appeal. Some Assistant Chief Counsels find certain appeals time consuming futile efforts that may hurt both the DHS and the immigrant. Often, it is the unpublished cases that don't cost my client's additional fees and embarrassment. If efforts are invested at the beginning, then the cases may cost more at first, but ultimately cost less in aggravation and fees. This is because there may be no BIA appeal. Wiser clients should appreciate this sort of effort. Clients need to be prepared to spend time with their case, but so do attorneys. This can be difficult, when some must be locked up in a county jail for the duration of the entire case. If a decision is made to give up immigration rights and depart, it 'may' become impossible to undo. We depend upon clients who are committed to challenging their removal, when it can be reasonably confronted. Also, clients who have realistic expectations and are willing to appreciate how the laws work.