Bazuaye v. United States, No. 12-425

Apr 01, 2013

OUTCOME: Denied

Issues presented: Whether pursuant to the procedures followed by the United States Court of Appeals for the Second Circuit, it may dismiss an appeal as without merit, sua sponte and without any briefi ... ng or input from the appellant, which violates the Federal Rules of Appellate Procedure and Due Process of Law guaranteed by the Fifth Amendment Due Process Clause of the United States Constitution, and is contrary to the procedures followed by other Courts of Appeals, which hold that such a procedure can only be followed in a case where an appellant seeks to perfect the appeal in forma pauperis. Whether the Second Circuit's procedure in this regard, set forth in its opinion in Pillay v INS, 45 F.3d 14, 17 (2d cir. 1995), conflicts with the procedures outlined in decisions in other Circuits, collected in Stafford v. United States, 208 F.3d 1177, 1179 n.4 (10th Cir. 2000), holding that sua sponte dismissal is inappropriate where the Appellant is represented by private counsel. Whether the claim that prior appellate counsel was ineffective for failing to raise a 17 day exclusion from speedy trial time claim on direct appeal, which would have resulted in a reversal, is not frivolous. Whether a motion for rehearing may be referred to an entirely different panel.

Matter of Y-K- (Arlington, VA Imm. Ct. 2012)

Jan 01, 2012

OUTCOME:

Cancellation of removal under INA §240A(a) granted, removal proceedings terminated. Prior to merits hearing, convinced court to conduct bond hearing and release client from mandatory detention under I ... NA §236(c), successfully arguing that 58 days was overly lengthy period of pre-hearing custody.

Morris v. Virginia, No. 10-1498

Oct 02, 2011

OUTCOME: Denied

Poliakova v. Gonzales, et al., No. 08-cv-20143 (S.D. Fla. May 5, 2008)

May 05, 2008

OUTCOME: Successfully resolved.

Appeal filed, No. 08-13313 (11th Cir.) Mandamus action challenging unreasonable delay in adjudicating I-485 application for adjustment of status. Case successfully resolved for client while pending be ... fore U.S. Court of Appeals for the Eleventh Circuit when USCIS granted long-delayed I-485 and issued green card.

Whether Padilla v. Kentucky, 130 S. Ct. 1473

N/A

OUTCOME:

is retroactively applicable to ineffective assistance of counsel claims raised in collateral review. Whether Virginia fails to provide the constitutionally required adequate post-conviction remedy whe ... re, through a combination of strict time limits on collateral review and in-custody requirements, Petitioner and others similarly situated are precluded from vindicating violations of the right to effective assistance of counsel under Padilla.

Matter of D-P - (Arlington, VA Imm. Ct. 2012

N/A

OUTCOME:

Cancellation of removal under INA §240A(a) granted, removal proceedings terminated. Client granted relief despite series of criminal offenses over 3-year period.

Matter of R-G - (Arlington, VA Imm. Ct. 2012

N/A

OUTCOME:

Removal proceedings terminated; successfully argued that client's Virginia conviction for assault and battery neither a crime involving moral turpitude (CIMT) nor a domestic violence offense.

Matter K-P - (New York NY Imm. Ct. 2010

N/A

OUTCOME: Granted

Asylum granted to Nepali teacher based on well-founded fear of persecution by Maoist rebels.

Matter I-S- (Arlington, VA Imm. Ct. 2009

N/A

OUTCOME: Granted

Employment-based adjustment of status granted under portability provision of INA § 204(j) for self-employed Russian entrepreneur in "same or similar" occupational classification.

Matter of A-B- (Arlington, VA Imm. Ct. 2009)

N/A

OUTCOME:

Removal proceedings terminated; successfully argued that client not subject to reinstatement of removal for unlawful reentry following entry of expedited removal order under INA § 235.