Bellaire, TX
Immigration Lawyer at Bellaire, TX
Practice Areas: Immigration
OUTCOME: Jurisdiction Upheld
Case upheld the continuing availability of habeas corpus relief for immigrants despite repeated Congressional attempts in the 1990's to dramatically limit judicial review and oversight of deportation o ... rders.
OUTCOME: Reversed
Successfully challenged and overturned the improper denial of an immigrant labor certification.
OUTCOME: Overturned and Remanded to Immigration Judge
Successfully litigated a case involving a widow who was a conditional resident, and whose spouse died during the conditional residence period. In an case of first impression, the Board ruled that such ... persons "do not need a separate hardship waiver if the spouse died during the 2-year conditional period." This ruling effectively puts widows on the same legal footing as those whose spouses survive the conditional residence period and file their petitions jointly.
OUTCOME: Petition Granted and Remanded
Successfully litigated a pivotal and closely watched case affecting many thousands of naturalization cases around the country that had been languishing in multi-year “name check†delays. Following ... a request for a rehearing en banc at the 5th Circuit Court of Appeals, a panel of the Court ruled that if USCIS fails to adjudicate a naturalization application within 120 days of the interview, an immigrant can seek redress in the federal courts. This landmark decision was later cited as supporting/persuasive authority and continues to be utilized by those whose citizenship cases are delayed beyond the 120-day period. This case is widely considered to have been instrumental in reducing and later eliminating most of these “name-check†delays.
OUTCOME: Reversed and Remanded
Successfully litigated a case which challenged the legality of the often insurmountable hurdle faced by immigrants trying to reopen their cases because they did not receive proper notice of their depor ... tation hearings. The 5th Circuit Court of Appeals ruled that this higher burden should not apply where notice of the deportation hearing was sent by regular mail rather than certified mail. The Maknojiya case has since been cited with approval by several other Circuit Courts of Appeal, and as a result, this litigation has effectively made it easier for immigrants around the country to reopen their deportation cases if they did not receive proper notice of their hearings.
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