New York, NY
Immigration Lawyer at New York, NY
Practice Areas: Immigration
OUTCOME: Voluntary departure bar was not held against the client and she was eligible to pursue adjustment of status
426 F.3d 99 (2d Cir. 2005). The Second Circuit Court of Appeals declared that an alien is not subject to the 10-year bar for failing to leave the country under voluntary departure, if she was not awar ... e of the voluntary departure order through no fault of her own.
OUTCOME: Client was granted bond and released from immigration detention
288 F.Supp.2d 662 (D.N.J. Oct. 29, 2003). The court struck down the government’s “automatic stay” of an immigration judge’s grant of a bond to a detained client, who was allowed to post a bond and rel ... eased while his immigration case was pending.
OUTCOME: Voluntary departure bar was not held against the client and she was eligible to pursue adjustment of status
24 I. & N. Dec. 87 (BIA 2007). The Board of Immigration Appeals, acting on an order of the federal court, ruled that an alien has not voluntarily failed to depart the United States when the alien, thr ... ough no fault of his or her own, was unaware of the voluntary departure order or was physically unable to depart within the time granted.
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