Helen Marie Harnett's Legal Cases (2)

Immigration

Habib v. Attorney General

May 29, 2015

OUTCOME: Petition for Review granted, U.S. Court of Appeals for the Seventh Circuit

An immigration judge ordered client removed, due to the numerous errors that his attorney made during the hearing. Client filed an appeal to the Board of Immigration Appeals. The client then came to ou ... r office for assistance with his case. We filed a motion to reopen the removal order, based on the ineffective assistance of client's former counsel. The Board of Immigration Appeals denied the appeal and the motion to reopen. We filed a petition for review with the Seventh Circuit Court of Appeals. The Court granted the petition for review, finding that the Board of Immigration Appeals had abused its discretion when it denied client's motion to reopen. Opinion available on-line at: http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2015/D05-29/C:14-3370:J:Williams:aut:T:fnOp:N:1560163:S:0

Immigration

Smykiene v. Attorney General

Feb 13, 2013

OUTCOME: Petition for Review granted, U.S. Court of Appeals for the Seventh Circuit

An immigration judge ordered client deported when she failed to attend her court hearing. However, client had never received notice of the hearing. Client filed a motion to reopen the judge's depor ... tation order, because she had not received any notice. The government argued that it had mailed the notice and that (even though the notice was returned by the post office as undeliverable) meant that client likely received notice (and was therefore deportable). The Immigration Judge and the Board of Immigration Appeals agreed with the government. We filed a Petition for Review with the Seventh Circuit Court of Appeals. The appellate court found in client's favor, noting that, "the statute allows an alien ordered removed in an absentia proceeding to reopen the proceeding if he did not receive notice..." Opinion available on-line at: http://www.gpo.gov/fdsys/pkg/USCOURTS-ca7-12-02877/pdf/USCOURTS-ca7-12-02877-0.pdf

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