Matter of C-
May 02, 2016OUTCOME: Visa granted
TN visa for a Mexican national.
New York, NY
Immigration Lawyer at New York, NY
Practice Areas: Immigration, Asylum
OUTCOME: Visa granted
TN visa for a Mexican national.
OUTCOME: Motion to Reopen Granted
Motion to reopen removal case granted by BIA, on joint motion with DHS. Application for adjustment of status following reopening of removal case.
OUTCOME: Asylum Office granted asylum.
Asylum application for Haitian man based on political opinion.
OUTCOME: Appeal granted and case remanded to Immigration Court.
In this successful appeal of a denial of asylum based on domestic violence, I argued before the Board of Immigration Appeals (BIA) that the Immigration Judge was in error for two reasons: in making an ... adverse credibility determination, and also in determining that the Respondent did not establish her eligibility for asylum based on her membership in a particular social group comprised of Honduran women in intimate relationships who are unable to leave the relationship. The BIA agreed on both points and sent the case back to Immigration Court.
OUTCOME: Petition for Review granted, asylum granted on remand
I represented a Liberian woman on a Petition for Review to the 3rd Circuit Court of Appeals. Represented by other counsel, her application for asylum had been granted by the Immigration Court Judge, bu ... t on appeal to the Board of Immigration Appeals her grant of asylum was reversed. At the Court of Appeals I argued that the BIA had erred, and she should be granted asylum, on the record and under the principle of 'humanitarian asylum.' The Court of Appeals, in a precedent decision, and considering as a matter of first impression the issue of humanitarian asylum, found in our favor. The decision can be found at http://caselaw.findlaw.com/us-3rd-circuit/1498821.html On remand the client was granted asylum. I represented her on her three I-730 Asylee Relative Petitions. All three were granted, under the Child Status Protection Act since all were well over 21 years old by the time the petitions were filed. She was reunited with her children in 2012 after more then 10 years of separation.
OUTCOME: Petition for Review granted, asylum granted on remand
In this appeal of a Pakistani's asylum claim, I successfully argued before the Third Circuit Court of Appeals that the Board of Immigration Appeals erred by mischaracterizing the Immigration Court reco ... rd, and also failed to apply the correct legal standard for determining whether an asylum applicant has sufficiently corroborated his claim.
OUTCOME: Appeal granted by BIA; asylum granted on remand
I represented a mother and two daughters from Guinea regarding their asylum claims. The Immigration Judge granted the two daughters asylum based on their having been subjected to female genital mutila ... tion (FGM), but he denied the asylum claim of the mother (who also was subjected to FGM) on the ground that it was filed long after the one-year deadline. On appeal to the BIA I successfully argued that the mother was eligible for asylum under an exception to the one-year deadline, based on her public expression of opposition to FGM, which affected her fear of persecution and thus constituted a changed circumstance under the regulations. The link to the BIA's decision can be found at http://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/archive/2008/04/25/unpub.-bia-victory_3a00_-fgm_2c00_-changed-circumstances_2c00_-humanitarian-asylum.aspx
OUTCOME: Petition for Review granted, asylum granted on remand
I represented a Lithuanian couple who applied for asylum based on persecution they suffered because of their Russian ethnicity. The Immigration Court Judge denied their application for asylum on the g ... round that, although they were credible and did suffer harm, the amount of harm they suffered did not rise to the level of the definition of persecution. The Board of Immigration Appeals affirmed the IJ's decision. I successfully argued to the Court of Appeals that the IJ and BIA had not correctly applied the relevant legal standard, under which the cumulative effect of past acts of harm can constitute persecution even if no one incident, taken separately, would be persecution. The opinion can be found at http://www2.ca3.uscourts.gov/opinarch/055384np.pdf