Deportation
Recently many aliens who have a final order have been detained by ICE. According to ICE policy, those aliens are subject to mandatory detention. Therefore usually ICE would not release a detained alien without conducting a custody review. The chance is a detained alien often has to stay in jail for over 90 days, if he cooperates with ICE and there is a type of relief available. To negotiate with ICE is not easy, because to grant a Stay of Deportation is a courtesy.Likewise, Mr. Z was picked up by ICE because he had a final order. He entered the United States in 2001 illegally. The Immigration Judge issued a Voluntary Departure order against him in October 2001. His appeal with Board of Immigration Appeal was dismissed in September 2002, and his Motion to Reopen with the Immigration Court was denied in January 2003. His wife was put in Court Proceedings on July 15, 2010. Mr. Z simply does not have any type of relief. Our law firm was retained by Mr. Z's family on July 21, 2010. We immediately contacted ICE and faxed a letter to the assigned ICE officer. While we were still gathering documents for filing a Stay of Deportation Application with ICE, we talked to the ICE officer 6 times. We were able to persuade the officer listen to our argument: 1) We are preparing a Motion to Reopen for Mr. Z, because Mr. Z was a victim of inefficient counsel's assistant. 2) We are filing a Stay with ICE. 3) We are fling asylum for Mr. Z's wife, therefore Mr. Z will probably obtain a derivative asylee status. 4) Mr. Z's LPR daughter will naturalize in 2011, and she can petition Mr. Z by then. 5) Mr. Z is 59 years old. His wife needs him to look after her. 6) Mr. Z does not have any criminal record.ICE finally agreed to make an exception, which was to release Mr. Z first and allow us to file the Stay of Deportation 2nd. Our client retained us after she had been placed in removal proceedings. She switched attorneys after her case had started. At that time, she had applied for cancellation of removal based on hardship to her USC husband. We took over the case and submitted 800 pages of documentation to the Court to support our case. After three hearings on the cancellation of removal application, the Immigration Judge granted cancellation of removal in June 2010. Scott Bratton handled the case. Our client hired us after being placed in removal proceedings for a criminal conviction. We were able to successfully argue that our client was not subject to removal. The removal proceedings were terminated. Scott Bratton handled the case. We were retained after our client was stopped attempting to enter the United States. Although she was a permanent resident, she was told that she was inadmissible due to fraud in obtaining her green card. She was asked to report for a deferred inspection. She then hired Margaret Wong and Associates. Through our assistance, our client was told that she was admissible to the United States. She was admitted and given back her green card and passport. Scott Bratton handled the case. One of our clients paid for a $15000.00 bond. Immigration and Customs Enforcement (ICE) erroneously stated that the bond was revoked alleging that the alien did not show up for an appointment. Our Attorney Jason Lorenzon wrote an appeal brief outlining the conditions in which ICE is responsible for properly and legally alleging a breach of bond. ICE did not follow government regulations and Mr. Lorenzon argued that ICE did not follow the legal procedure for making such an allegation. The retention of the bond money unjustly enriched the government. The bond money was returned quickly to our client and he got his $15000.00 back. One of our clients, who has a final order of deportation from the late 1990's was granted a stay of deportation from the Board of Immigration Appeals. Our attorney Jason Lorenzon wrote the initial motion to reopen sua sponte with the Immigration Court which was denied. Lorenzon immediately filed an appeal brief and motion to stay with the Board of Immigration Appeals. Immigration and Customs Enforcement informed our firm that a stay of deportation was imminent. Further briefs in support were written by Attorneys Jason Lorenzon, Danja Thercka and Scott Bratton. The Motion for Stay was ultimately granted pending the outcome of the appeal. If the case is ultimately reopened, our client will be able to attain legal status here in the United States without having to return to China. A client originally from Romania had an I-485 Greencard approved based upon her marriage to a United Citizen States Citizen Spouse. After she became pregnant, the husband disappeared. Our client was placed in deportation proceedings. Our office filed an I-751 Joint Petition to Remove Conditional Residency Requirement with a waiver for joint filing since her husband went AWOL. Our office was successful in getting that petition approved. Our office then filed a Motion to Terminate Proceedings with the Immigration Court which was granted the same day it was filed. Congratulations to our client who is a legal permanent resident and also eligible to become a USC! A Jamaican National was convicted of possession of drugs in 2003. This conviction made him deportable and subjected him to mandatory detention. Immigration and Customs Enforcement caught up with him in 2010 and placed him in detention. He was in detention for 33 days because of the nature of his offence he was subject to mandatory detention. Our team went to work and vacated his underlying criminal conviction and terminated the deportation proceedings. Once deportation proceedings were terminated by Attorney Scott Bratton, our team went to work on fashioning a plea deal that would not make him removable. Attorney Scott Bratton went to the initial hearing and worked out a very good plea deal that would not affect our client's immigration status. Attorney Jason Lorenzon went to the hearing and the Judge surprisingly ordered a presentencing report after our client entered his plea. Attorney Jason Lorenzon skillfully argued that our client was a stellar citizen, a contributing member of our society and should not received any more punishment for what he did. Our client' s family members were present and testified, along with a plethora of supporting documents, the Judge agreed to the amended charges and required nothing further from our client. Our client is able to remain and live in the United States with his family without any further issues with immigration! A Russian National was placed in proceedings with her entire family after their I-485 application was denied. She had married a USC some three years earlier and had a valid 10 year green card. The 751 removal of conditions was timely filed within the first two years of marriage and granted by USCIS. Because of the nature of the spelling of her name, USCIS issued her another number along with her parents. Attorney Jason Lorenzon filed a motion to terminate along with all supporting documents and proof that she was indeed a legal permanent resident. The Department of Homeland Security did not oppose the motion and the motion to terminate was granted by the Immigration Judge. Our client is no longer in proceedings and will now be able to apply for citizenship! Our clients hired us to represent them in removal proceedings. We applied for cancellation of removal based on hardship to their two children if they are ordered removed. The primary hardship claim was based on their son's autism. The Court scheduled a hearing on the case. After hearing evidence and argument, the Immigration Judge granted cancellation of removal in May 2010. Our clients can now remain in the United States as permanent residents. Scott Bratton handled the case. Our client was placed in removal proceedings. She is a Mexican citizen who has been in the United States for over ten years. She is a single mother of 4 United States citizen children. She has worked in the US and paid all of her taxes. In removal proceedings, we applied for cancellation of removal. The case spanned over two days. After hearing testimony and arguments, the Immigration Judge concluded that our client established exceptional and extremely unusual hardship to her USC children and granted cancellation of removal. Scott Bratton handled the case. Mr. Yang, the father and husband of a poor family, was picked up by ICE officer a while ago when his wife was pregnant with the 3rd child. The due date was March 5th. We filed Stay of Deportation with ICE promptly and followed up with ICE regularly. First we were told by ICE that the application would be denied. We argued with ICE that it was very sad that Mr. Yang could not be with his wife when she was delivering the baby, and the wife's case had been reopened and was currently pending with Immigration Court. We pushed the wife's attorney's office to get hearing notice and faxed it to ICE along with a letter. Later we continued to follow up with ICE. Today Mr. Yang was released. His wife and children were extremely happy and thankful. An Indian National entered the United States in 1997 without inspection. She met up with her Indian Husband who entered several months before her. In the ensuing years, they had two beautiful children here in the United States. Her husband suddenly died due to an unknown affliction with his kidneys, Polycystic Kidney disease. This disease he died of was hereditary and unfortunately was passed on to his oldest daughter. The oldest daughter was diagnosed with the same affliction and received constant medical care and was under constant medical monitoring. Our client also had most of her immediate family here, siblings and her mother and father. Her mother and father were naturalized citizens of the United States. They owned a successful restaurant which their daughter, our client, managed on their behalf. Our client also assisted her parents in their medical care as they are elderly and not in the best of health. Her mother suffered from a mental affliction and required constant medical monitoring and attention. Our team went to work and filed an asylum claim based upon the fact that she was a widow and would be viewed in the least favorable light. Once the asylum application was referred to an immigration judge, our team renewed the application for asylum and submitted "cancellation of removal" on her behalf. Her United States Citizen children would face hardship, her USC parents would face hardship without her presence here in the United and she really could not return to India. Attorney Jason Lorenzon was the trial attorney. Once Mr. Lorenzon presented the case to the Court and all the witnesses testified, the Judge was prepared to grant the case so long as three conditions were met and Mr. Lorenzon along with the Judge convinced the Government to concur. The government agreed. The client went back filed some past taxes . The case was adjourned to allow our client the opportunity to fulfill the Judge's requests. Attorney Lorenzon filed all necessary supporting documents per the Court's request and Cancellation of Removal was granted to our client. She can stay in the United States with her family and not have to return to India! Our client had a final removal order when he hired our office. He failed to appear at his hearing. We reviewed his paperwork and discovered that he did not receive proper notice of his hearing. We filed a motion to reopen his removal case which was granted. Our client is also married to a United States citizen and had an approved I-130. He is covered under INA Section 245(i). He entered the United States in transit without a visa and is therefore an arriving alien. We informed the Immigration Judge in his reopened case that we had an adjustment of status application pending with USCIS since USCIS had jurisdiction due to his status as an arriving alien. The Judge gave us a long continuance to allow for adjudication of the adjustment of status application. We also spoke with the ICE trial attorney who pushed the case for us. Our client was subsequently interviewed in New York and his adjustment of status application was granted. His removal proceedings will be terminated. Scott Bratton handled the removal case and Jason Lorenzon attended the I-485 interview. We currently have a case we are working on where our client was found in a criminal proceeding to have procured his admission to the United States and his green card by fraud. He came to the U.S. as a refugee and adjusted status. We are handling the removal portion of the case. Our client is married to a United States citizen and we are arguing that he is eligible to adjust status with a 212(h) waiver for his criminal convictions. DHS argued that our client is not eligible for a 212(h) waiver because he did not continuously reside lawfully in the United States for 7 years prior to the commencement of removal proceedings. We argued that he was admitted and resided in the United States lawfully during this period of time. The Board of Immigration Appeals agreed and concluded that our client is eligible for a 212(h) waiver. Scott Bratton is handling the case. Our client retained us to assist him in applying for cancellation of removal for a non-lawful permanent resident. Respondent had been in the United States and had one USC daughter. He had sole custody of his young daughter. We presented substantial evidence to show the hardship she would face if our client was deported. After a hearing on the case, the Immigration Judge granted cancellation of removal. Scott Bratton handled the case. A client from China had a final deportation order. The client failed to appear in court because of an illness. He later fell in love and married a United States citizen, and they had two children. The client's parents and sisters all had legal status as lawful permanent residents or U.S. citizens. The client came to us to try to reopen his case. We filed a joint motion to reopen with the government arguing that the client now had relief available that he did not have at his former hearing and that he warranted a favorable exercise of discretion because of his significant family ties. The government agreed to join us in reopening the case, and now the client is scheduled to appear in court to apply for his green card. Scott Bratton and Deborah Lee handled the case for the firm with the assistance of Francis Ramirez and Arty Wynieski. Our clients came to us after visiting numerous attorneys over the years to determine how they could legalize their immigration status. When they were in removal proceedings, we applied for cancellation of removal for our clients (husband and wife). We submitted substantial documentation to establish hardship to our clients' United States citizen children. After a 4 hour hearing on the applications, the Immigration Judge granted cancellation of removal for our clients. Scott Bratton handled the case. A Chinese National was a legal permanent resident of the United States. Our client decided to go to school for undergraduate work in Canada during the last four years and was working for a year in Canada after graduation. The Client was attempting to return to the United States to see their family. When our client was going through a customs pre-clearance in Toronto. The inspecting officer noticed that our client had resided in Canada and not returned to the United States within the 6 month statutory period. The inspecting officer asked if our client intended to relinquish their legal permanent resident status or if they wanted a hearing in front of a judge. Unfortunately, our client answered yes to this question. But what was our client saying yes to? The client simply wanted to give up their status here in the United States. Although we advised our client to fight the case, our client wanted to give up their legal status since they were happily living in Canada but preserve their ability to one day return to the United States. Our team lead by Attorney Jason Lorenzon attempted to negotiate a settlement with the government whereby our client would not have to return. Unfortunately, the government attorney did not respond to our requests and our client had to be present for one hearing. Attorney Jason Lorenzon made the court well aware that our client simply wanted to abandon their green card and that this whole proceedings started because a CBP officer asked two questions in one sentence. Finally after several heated exchanges in Court between Attorney Lorenzon who underlined the fact that the charging document was issued by a government official not authorized to do so, the Government attorney backed off and a resolution was reached. The client upon their return to Canada had to go to the US consulate in Toronto to record that they left the United States. Attorney Lorenzon tried to negotiate the recording of our clients departure at a port of exit, but the Government was adamant that a person must go to the consulate. Our client went to the consulate, and was refused any documentation indicating that our client left the United States. Attorney Lorenzon advised our client to have a picture taken by a famous landmark. The client went to Niagara Falls got a picture, cross the border into the United States had their passport stamped and returned back to Canada and had the passport stamped on the Canadian Side. Copies of the passport stamps and pictures of our client in Niagara Falls were placed in a motion to terminate filed with the Immigration Court. The Immigration Judge terminated proceedings without any further hearings. Our team was able to assist our client getting the results they wanted and preserving a satisfactory way for them to come back to the United States in the future on another visa. Our client's immigration case started in 1993 when he was placed in deportation proceedings. He failed to appear at his hearing and was ordered deported in absentia. He was only a minor at the time he first arrived. Over the years, he hired numerous immigration attorneys to try to assist in reopening his case. However, none were successful. He was then married to a United States citizen in 2001 and his I-130 was approved. If his deportation case was reopened, he could adjust status. Several attorneys tried unsuccessfully to reopen his case after 2001. In 2008, our client hired us to assist with his case. We were able to get his case reopened through a joint motion filed with ICE in New York. They agreed to reopen the case. The case was then set for a hearing on our client's adjustment of status application. In December 2009, the adjustment of status application was granted by an Immigration Judge in New York. After 16 years, our client is now a lawful permanent resident. This was obviously a wonderful Christmas gift for our client and his wonderful family, which includes two young children. Scott Bratton handled the case. Our client from Africa met and married a United States citizen, and they had a child together. They filed an I-130 Petition/I-485 Application for a green card which was approved. Our client filed an I-751 Petition to remove the conditions on her green card since she was married less than two years at the time her green card application was approved. Our client and her husband were scheduled for an interview with USCIS and were interviewed separately. Our client's husband presented inaccurate information to the officer to cover up the fact that he was having an affair with another woman. USCIS issued a Notice of Intent to Deny the I-751 Petition because of the discrepancies during the interview. Our client with the help of her former lawyer filed a response to the Notice showing that she was in a good faith marriage. She was shocked to find out about her husband's affair after the interview. Immigration denied the petition and put our client into removal proceedings with her children from a previous marriage. Our client was scheduled to appear in court with her children. She came to our office for help. She divorced her husband, and we filed a waiver of the I-751 Petition for those individuals who entered into a good faith marriage but the marriage was terminated through divorce. We asked for a continuance of her case with the Immigration Court based on the pending I-751 Petition which was approved. We helped her to assemble all necessary documents and prepared her for her I-751 interview. She attended the interview with our attorney and her I-751 Petition was approved in one day. We can now request that her case be terminated in the Immigration Court. Scott Bratton, Karim Berdiev, JP Sarmiento, and Deborah Lee handled the case for the firm. Our client was found to be inadmissible when returning to the United States due to two old felony convictions. She is a lawful permanent resident. She was placed in removal proceedings and we were hired to represent her. We filed a motion to vacate the guilty pleas and were successful in vacating the convictions despite the fact that approximately ten years had passed since she had been convicted. We then filed a motion to terminate removal proceedings. In December 2009, removal proceedings were terminated. Scott Bratton handled the case. Our client was ordered deported for failing to appear for his removal hearing. We filed a motion to reopen and argued that his failure to appear was due to the failure to receive proper notice and exceptional circumstances. In December 2009, the Immigration Court reopened the case. Our client can now pursue his asylum request. Scott Bratton handled the case for Margaret Wong & Associates. A Chinese national was picked up by the Immigration and Customs Enforcement shortly after his BIA appeal was denied. Our firm filed the Notice of Appearance to 6th Circuit Appeal and Motion to Stay Removal for him the next day. But client called one morning from the Chicago Airport informing us that ICE was to deport him back to China. Our attorneys immediately contacted the officer in charge at ICE and also the ICE at Chicago airport to hold off the deportation pending 6th Circuit Court decision on the Motion to Stay Removal. Our attorney also contacted 6th Circuit Court to request emergency ruling on the Motion due to imminent deportation. Within an hour, the 6th Circuit ruled on and approved our client's Motion to Stay Removal. We were able to stop the client from deportation before he board the flight. Mr. Zheng from Fuzhou, China has just experienced a dramatic moment in the afternoon of November 12, 2009. Mr. Zheng was detained in April, 2009. Nothing was done by his prior attorney for his release. 7 days ago when we were retained by his desperate family members, there was little time left for us, as his travel documents had been issued. The situation was serious. Mr. Zheng could be deported at any time. We immediately visited him in the detention facility and filed Stay With ICE with a very good reason. 2 days ago Mr. Zheng was transferred to another detention facility. He was told 3 times that ICE was going to deport him 2 days later. It was understood that he and his family members were very worried. We contacted ICE many times to make sure that ICE had received our application and the application would be reviewed. This afternoon when Mr. Zheng was told one more time that for sure he was to be deported the next morning, he was about to crash. But 1 minute later another ICE officer informed us that our Stay With ICE was granted! We were able to give the right shut when dealing with ICE and successfully got Mr. Zheng out of jail. Now we have the time we need to reopen Mr. Zheng's case and bring him the end result, a Green Card. A Chinese client was detained a while ago. His family retained us at the end of August, since they were not satisfied to his previous attorney's service. Due to client's 2 alien numbers and an outstanding deportation order, his case is quite complicated and difficult. We worked hard and closely with the client's family, wife and older brother, providing great service and helping them gather documents and information. We also successfully had every party involved coordinate. Not long after we filed Motion to Stay and 90-day review, our great team work brought exciting result: Client has been released, and has regained his long expected freedom. This case is handled by Debbie Lee, assisted by Jian and Vicky. Prompt Action and Quality Service-a client is being released less than 24 hours after he hired us. A minister introduced a client to us, since the minister was very impressed to our quality service. The client was in jail and was very worried about his future. Right after the client and his girl friend hired us around 5 pm yesterday we filed Bond Motion to court immediately. Today, Deborah Lee, one of our great attorneys went to the court for the client's hearing, and our Bond Motion was granted. Now the client is being released from the detention facility. The client will retain us again for obtaining him his legal status. Once again, we'll do our magic to help the client. One of our clients, a Chinese National, had a child with an American citizen and was married to him in China. They had the traditional wedding ceremony and the marriage was legally registered. When the USC husband came back to the United States, he petitioned for her to come to the United States. They had a year long courtship, child together, intended to live together. When she arrived in the United States in January 2008, after almost two years of living apart, love letters, money sent back to China for his wife and child, the husband did not want to live with her and kept her away from his home. For her birthday, he made her sign some papers as he told her, for her birthday present, she would get some money and to sign some other forms for her green card application. She did not know that she signed papers for a dissolution of marriage. She could not read or write or understand English. She never heard from her husband again, as he was living with another woman. Since the marriage under two years, she was subject to the conditional residency requirement and had to apply for a joint application. Since she was divorced, she could not apply with her husband. Our Attorney Jason Lorenzon prepared the I-751 petition to remove conditions with a waiver since she could not file the petition with her ex husband since the marriage was terminated and if she would be removed from the United States, her removal would result in an extreme hardship. Mr. Lorenzon filed the necessary applications and an extensive brief stating why the conditions on residence should be removed. The USCIS approved the application, and our client has a permanent green card! Our client was convicted of drug trafficking under Ohio law. The provision under which he was convicted prohibited selling or offering to sell a controlled substance. DHS argued that this was an aggravated felony and that our client was statutorily ineligible for cancellation of removal. We argued that our client's drug trafficking conviction is not an aggravated felony. In a very detailed analysis, the Board of Immigration Appeals agreed with our position and held that our client had not been convicted of a drug trafficking offense as defined under federal law. Thus, he was found eligible for cancellation of removal. Scott Bratton handled the case. Our client was placed into removal proceedings after her naturalization application was denied because she had been convicted of two crimes involving moral turpitude. We obtained the criminal records and filed a motion to vacate one of the criminal convictions. After a hearing on the matter, the motion was granted. We then filed a motion to terminate removal proceedings with the Immigration Court. Upon considering the evidence submitted, the Immigration Court issued an order terminating removal proceedings. Scott Bratton and Jason Lorenzon handled the criminal case. Mr. Bratton handled the removal case. Our client hired Margaret Wong & Associates after several lawyers told her that nothing could be done on her case. We reviewed the file and realized that she was eligible for adjustment of status with USCIS despite her final order of removal. This was because we had a basis to argue that she was an arriving alien. Arriving aliens can adjust status with USCIS despite a final removal order. We were not able to get her documents through the Freedom of Information Act as the Government considered her a fugitive because she failed to appear for removal. However, our client never received her letter stating that she appear for removal. Thus, we argued she was not a fugitive. We prepared the adjustment application and filed it with USCIS. We also prepared our client for the interview in New York. At the interview, the officer stated that we would get a decision in the mail. In August 2009, we received the approval notice. Our client is now a lawful permanent resident. Scott Bratton handled the case. Our client was in deportation proceedings. We contested that she was subject to removal as charged by the Department of Homeland Security. At the hearing on the issue of whether our client is subject to deportation we were able to successfully argue that proceedings must be terminated. The Court granted our request to terminate proceedings. Scott Bratton handled the case. Our client from Mexico was put into removal proceedings in December 2007. She had entered the country illegally in September 1994 by walking over the border from Mexico. She was a mother of two children. She came to be with her husband who was already in the United States. She was reunited with her husband and had two more children. But, her life here in the U.S. would be bittersweet as her marriage deteriorated, and she divorced her husband. She was a single mother who had to support four children, and she had no legal status in the U.S. Her ex-husband found love again and married a U.S. citizen. He had three children together with his new wife. He helped his two children from his prior marriage to get their green cards. Our client's four children all had legal status in the U.S., but our client was illegal with no hope in sight. She was put into proceedings, and she retained our firm to help her. We filed for cancellation of removal, which is a form of relief that requires 10 years continuous physical presence in the U.S., good moral character, no convictions of disqualifying offenses, and exceptional and extremely unusual hardship to qualifying relatives - USC or LPR spouses, parents, or children. We argued before the Immigration Judge that the children of our single mother of four would face extreme hardship if their mother were forced to return to Mexico. Our client's children would be forced to return to Mexico after living most if not all of their life in the United States. Her children were hard-working students. Our client was especially proud of one daughter who was diagnosed with a learning disability while she was in elementary school and had to attend special education classes the majority of her school career. These children faced serious threat of harm as they would have to return to Juarez, Mexico, their mother's hometown, if their mother were deported. Juarez is engulfed in the worst violence in Mexico as it is plagued with cartels facing off in control over the cocaine, heroin, and marijuana trade often with the help of corrupt police. These children also did not have the option of staying in the U.S. alone as they could not provide for themselves financially. They also could not rely on the help of their father who already struggled taking care of three children with his new wife. Taking into consideration these factors and more, the Immigration Judge granted our client's application. This single mother of four who has dedicated her whole life to providing for her children will now receive her green card. She can finally rest in the security that she will not be separated from her children. Our attorneys Scott Bratton and Deborah Lee handled the case for the firm with the assistance of Fabiola Cini. Our client came to us after being married to his USC wife for more than two years. His original I-130 was denied due to a major mistake and mess up by USCIS. His wife's petition was eventually denied and reopened due to a mistake in not receiving an RFE. By the time the RFE was issued before it was responded to, our client was placed in deportation proceedings. J.N., citizen of India, retained our office in 2007 to represent her in during removal proceedings before the Immigration Court. She was put in removal because overstayed her visitor visa. Our office filed an application for asylum before the Court. At the meantime our office had terminated removal proceedings of her husband's case and applied for his green card with CIS. His Green Card was approved and once the visa numbers were available our office applied for adjustment of status for his wife. This application was approved by the Immigration Judge and our client obtained her Green Card in 2009. Attorney Scott Bratton handled this case on behalf of Margaret Wong & Assoc. Y.L., a native of China had been in the USA for over 10 years by the time she hired our office to help her obtaining Green Card. She had just given birth to her second child when she retained our office. We filed an application for asylum and withholding of removal due to changed circumstance since our client had violated China's one child policy. Her application for asylum was referred to the Immigration Court where our office then filed an application for cancellation of removal under section 240 A (b) of INA. One of our client's US children had a serious medical condition. We argued and provided sufficient evidence before the court that our client qualified for this benefit. Although the Immigration Judge denied the application for asylum, he approved her cancellation application and she is now a legal permanent resident. Mr. J.G., a citizen of Mexico, entered the USA in or around 1992 illegally. He left the country due to problems he had had with a gang group but he had never filed an asylum application in the US. He had continuously resided in the US for over 15 years when he retained our office to help him obtain legal permanent residence. He had 3 USC minor children; one of them had serious medical conditions. First our office filed an asylum application which was not approved by CIS; it was referred to the Immigration Judge because it was untimely filed (not filed within one year from entry). Our office filed an application for cancellation of removal before the judge since our client had been resident of over 10 years, was a person of good moral character (no criminal convictions and had paid his taxes every year), and we gathered sufficient evidence that his deport would cause extreme and unusual hardship to his USC child who had medical issues. The judge ultimately approved the cancellation application in 2009 and our client received his Green Card within a few weeks. A client originally from Romania had an I-485 Greencard approved based upon her marriage to a United Citizen States Citizen Spouse. After she became pregnant, the husband disappeared. Our client was placed in deportation proceedings. Our office filed an I-751 Joint Petition to Remove Conditional Residency Requirement with a waiver for joint filing since her husband went AWOL. Our office was successful in getting that petition approved. Our office then filed a Motion to Terminate Proceedings with the Immigration Court which was granted the same day it was filed. Congratulations to our client who is a legal permanent resident and also eligible to become a USC! A Chinese client came to the United States with a fake passport. He was an unaccompanied minor and he presented the fake passport to the customs officer. Eventually he was paroled to the United States for removal proceedings and he lost the case and already had a removal order. He then married a United States Citizen. Afterwards he consulted with our firm if anything could be done to him. Since he was paroled and an arriving alien, he could get his green card in the United States through marriage. But since he has a final order, the I-130 filing should include a Request for Exemption with supporting documents. Our firm prepared those and filed the Petition and the Permanent Resident Application. We also had to prepare an I-601 Waiver of Inadmissbility because of the fake passport issue. There were no medical hardships so we had to argue the equities - length of Petitioner's stay in the US, family ties, the fact that the alien was an unaccompanied minor when he entered the US, the fact that he had no criminal records etc. We accompanied the client at his interview in the Manhattan CIS Office. The client's case was eventually approved and he now has his green card. Attorney JP Sarmiento handled the case. We were hired after our client's adjustment of status application had been denied. He was detained by ICE based on a prior order of removal and was about to be deported. However, as an arriving alien, our client was eligible to apply for adjustment of status with CIS despite the removal order. We believed that the adjustment application was improperly denied. We filed a lawsuit in federal court and a request for a preliminary injunction. Our client was then released from ICE custody and his adjustment of status application was reopened. In May 2009, we received the approval of the adjustment of status application. Our client is now a lawful permanent resident. Scott Bratton and Francis Fungsang handled the case. Our client from Malaysia hired us to handle her removal proceedings. We filed an application for cancellation of removal based on hardship to her United States citizen child. We submitted a substantial number of documents to support the case. After a hearing on the case, the Immigration Court in New York granted the cancellation of removal application in May 2009. Scott Bratton handled the case. Our client had a final order of removal from many years ago. He came to our office and after looking into the matter determined he would be eligible for NACARA if his case was reopened. We filed a motion to reopen along with the NACARA application with the Immigration Court in New York. The case was reopened in May 2009. Our client can now pursue his NACARA application. Scott Bratton handled the case. We were able to obtain a grant of cancellation of removal for our client who had been convicted of drug trafficking under Ohio law. Our client was detained during removal proceedings. We argued that drug trafficking under Ohio law is not necessarily an aggravated felony and that the record of the case does not establish that our client's conviction was an aggravated felony. Both sides submitted briefs. In a written decision, the Immigration Judge found that the drug trafficking conviction was not an aggravated felony. The case was set for a hearing on the cancellation of removal application. After a lengthy hearing, the Judge granted cancellation of removal. DHS appealed the Immigration Judge's decision. In May 2009, the Board issued a decision finding that our client's drug trafficking conviction was not an aggravated felony and upheld the grant of cancellation of removal. Scott Bratton handled the case. Client from China was detained in Calhoun County Jail in Michigan. He had no previous immigration case. He entered the US legally and lived with his girlfriend in New York. They got unlucky when they visited a friend in Detroit and due to construction work and confusing detours, they ended up at the Canadian border. They were turned back and that's when our client got placed in jail. He had no immediate relatives in the United States and he was not eligible for a green card. He also owned no property. We drove 5 hours to visit the client and gather information. At the bond hearing in Detroit, we argued his lack of criminal record, age and the fact that he has some aches and pains on his shoulder, claim for withholding of removal, and evidence that he had a permanent address, to argue that he was not a flight risk. The Judge granted his release on a 6000 bond. JP Sarmiento worked on the case. A Liberian National who had a final order of deportation was apprehended by Immigration and Customs Enforcement Agency in Charlotte North Carolina and taken to the Atlanta area. After several hours, our team was able to find out that his deportation was imminent and we found out that the client never received notice of his hearing in immigration court. A Motion to Reopen was immediately filed with the immigration court and his imminent deportation was stopped. We were hired after our client was placed in removal proceedings for a criminal conviction. We filed a motion to terminate proceedings arguing that the criminal conviction did not render out client subject to removal. The Immigration Judge terminated proceedings. Scott Bratton handled the case. A Chinese National who has a final order of deportation was granted an extra sixty day extension to depart the United States. She has a USC child who is finishing up her third grade of primary school and our team was able to negotiate with ICE an extra 60 day extension in addition to two thirty day extensions! A Mexican National entered illegally and was detained due to one of the ICE workplace raids last summer. He had a young child on the way with his USC girlfriend. We were able to negotiate Deferred Action Status and get him work authorization. He was able to stay in the United States and witness the birth of his first born child! We were able to successfully reopen a case where the Order to Show Cause was erroneously issued in 1994. Our client should have been placed in exclusion proceedings rather than deportation proceedings. Thus, the Judge reopened the case and terminated proceedings. Scott Bratton handled the case. Our client hired us after he was detained by immigration officials due to a final order of removal. He was an arriving alien and eligible to adjust status with USCIS despite his removal order. However, the application filed by his prior attorney was erroneously denied and ICE was trying to deport our client. We filed a federal lawsuit and temporary restraining order arguing that USCIS' decision was erroneous. Within two weeks, our client was released from ICE custody and his adjustment of status case was reopened by USCIS. Scott Bratton is handling the case. Our client hired us after he was detained in immigration custody and placed in removal proceedings for several felony convictions. We were able to negotiate his release and argue that he was statutorily eligible for cancellation of removal. We filed a cancellation of removal application. After hearing the evidence, the Immigration Judge denied the application finding that cancellation was not warranted as a matter of discretion. We appealed the decision to the Board of Immigration Appeals. The Board overturned the decision of the Immigration Judge and found that cancellation of removal should be granted. Scott Bratton handled the case. An Indian national who faced religious persecution was placed in proceedings; however, our team filed an appeal, which was granted. In addition to filing the appeal, we were able to obtain work authorization for one year. We were just retained to handle a case that was pending at the Sixth Circuit Court of Appeals. Immigration and Customs Enforcement was trying to deport our client while the case was pending with the Sixth Circuit. We then filed a request for stay of removal. The motion for stat was opposed by the Government. The Sixth Circuit granted the stay of removal. Therefore, our client is permitted to remain in the United States while his case is pending. Scott Bratton is handling the case for Margaret Wong and Associates. Our client hired us after she was in immigration custody because she had a final order of removal and her motion to reopen had been denied. She was married to a United States citizen but did not attend her hearing because she did not receive notice. We appealed the Judge's denial of the motion to reopen to the Board of Immigration Appeals. The Board agreed that our client did not receive adequate notice of the proceedings. The case was remanded to the Board and we applied for adjustment of status. In February 2009, the adjustment of status application was granted by the Immigration Court. Scott Bratton handled the case. Our client applied for cancellation of removal based on hardship to her children if she was deported. After a hearing on the case in New York, the Immigration Judge granted cancellation of removal. Our client was placed into removal proceedings after her I-751 was denied for a second time. We refilled the I-751 and were able to get several continuances in the removal case. After an interview on the I-751, the petition was approved by USCIS. We then filed a motion to terminate removal proceedings. In February 2009, removal proceedings were terminated. Scott Bratton handled the case. We represented a person in removal proceedings whose TPS application had been denied two times by CIS. We renewed the application before the Immigration Judge. After considering the evidence and testimony, the Judge granted TPS. Scott Bratton represented our client. Our client hired us to represent him in removal proceedings. He then decided he wanted to depart the United States and attempt to come back on another visa. We only had a very short time to secure voluntary departure or our client would have had a ten year bar to returning. If we secured voluntary departure before one year of unlawful presence, he would not face any bar. We were able to work it out with the Court and obtained a 120-day period of voluntary departure. Our client will now be able to obtain a visa and return to the United States without facing any bars to returning. Scott Bratton and JP Sarmiento handled the case. Our team was successful with an appeal from the BIA remanded back to the Immigration Judge. Our lead attorney Scott Bratton filed a Cancellation Case for a national of China who had a significant criminal record. The client has lived in the United States for most of his adult life. Our trial attorney, Jason Lorenzon went to the final hearing and informed the court that our client completed the background request for biometrics. The government attorney argued that there was nine pages of criminal records and he could not go through it then. Mr Lorenzon informed the court, that everything is on the record and this case should be approved since all the government needs to approve was that our client had no criminal record from the past hearing, which he did not. The government attorney agreed and his Cancellation of Removal was granted, the order was issued, and our client was very happy. Our client hired us after he was detained due to an outstanding removal order. He was found by an Immigration Judge to be subject to removal for the commission of a crime involving moral turpitude. The crime at issue was food stamp trafficking. He then missed his hearing on his waiver application. We were able to get the case reopened. After the case was reopened, we asked the Judge to reconsider the prior decision finding that food stamp trafficking was a crime involving moral turpitude. We also filed a comprehensive brief addressing the issue. Upon consideration of our brief, the Immigration Judge agreed and terminated removal proceedings. Our client can now apply for citizenship. Scott Bratton represented our client. When our client hired us, he was in removal proceedings. He was from Mexico and has lived in the United States over ten years. We argued that his removal would result in exceptional and extremely unusual hardship to his daughter who had some medical problems. After a hearing on this matter in December 2008, the Immigration Judge agreed and granted cancellation of removal. Scott Bratton handled the case. We were hired after our client received a notice of intent to revoke his green card because he was granted permanent residence in error. He had previously been in removal proceedings and while his case was pending with the Board, his attorney did not file a motion to reopen as he was permitted to do under the V visa regulations. Our client was married to a permanent resident and could have had his proceedings reopened and stayed had the proper motion been filed. The motion was not filed and our client received a final removal order. He later received his green card, which was improper since he had a final order. We immediately filed request to DHS to join in a motion to reopen the deportation case and explained the unfortunate circumstances of the case. After consideration of our motion, DHS agreed to reopen the case and terminate proceedings in the case. Lori Pinjuh, Scott Bratton, and Francis Fungsang handled the case. Our clients were citizens of China. We applied for withholding of removal with the Immigration Court in New York. After hearing the evidence, withholding of removal was granted for both clients by the Immigration Judge in December 2008. This allows our clients to remain in the United States. In a few years, their children can petition for them and they will be able to apply for adjustment of status. Our client came in 1991 with no travel document. He was paroled in with I-94 after being released from detention. As an arriving alien, despite having an order of exclusion, he was eligible to adjust his status with USCIS. In December 2007, we filed I-130/I-485 for adjustment of status through his son, who was a United States citizen as the petitioner of the I-130. USCIS demanded us to submit additional information, which we did in February 2008. The green card interview was conducted on August 18, 2008 and the I-130 was approved just a week later. The officer said that she needed to double check on the I-94 document that was misplaced. While waiting for a response ICE went to pick him up as an illegal immigrant in early October 2008. Our firm worked with the deportation officers to defer his deportation until the I-485 adjudication. Our firm also followed up constantly until USCIS approved the I-485 (green card application). We were able to successfully get this client out of immigration jail and receive his green card approval (I-485) in November 15, 2008. Now he is free to live in the United States as a permanent resident. this case was handled by Scott Bratton with help of our staff. We were hired by our client after he was detained because he had a final order of removal. Our client was a lawful permanent resident who was placed in removal proceedings because DHS alleged that he had been convicted of a crime involving moral turpitude within five years of admission to the US. After significant litigation, we were able to get the deportation case reopened. During the reopened proceedings, we asked the new Immigration Judge to reconsider the prior decision finding our client removable as charged. This decision was made prior to our representation. We argued that the criminal conviction was not a crime involving moral turpitude. After consideration of our motion and arguments, the Immigration Judge terminated deportation proceedings. Scott Bratton handled the case. Our client was placed into removal proceedings after her asylum application was denied. We also represented her husband who had an adjustment of status case pending with USCIS. There were several legal issues in the husband's case and it was originally denied. We were able to successfully reopen the case and his adjustment of status application was ultimately approved. We then filed an adjustment application for the wife with the Immigration Court. We were able to get proceedings terminated. After an interview with USCIS, the adjustment of status application was approved. Our attorneys Scott Bratton and Debbie Lee handled the case, Our client had an in absentia order of removal for failing to appear at his removal hearing. We were able to get his case reopened and applied for adjustment of status. At our request, proceedings were terminated. Our client was interviewed by USCIS on his application. Although the application was originally denied, we filed a motion to reopen because the denial was improper. The motion to reopen was granted. In October 2008, the adjustment of status application was granted. Our attorney Scott Bratton represented our client. Our client came to us after he was placed in removal proceedings when his asylum and NACARA cases were referred to the Immigration Court. We renewed his request for asylum and NACARA. The issue in the NACARA case was that there was no proof that our client registered for benefits under the ABC agreement within the appropriate time frame. We argued that the filing of his asylum application was sufficient to show his intent to register for benefits under the agreement because the asylum application was pending at the time the agreement was implemented. We also argued that his testimony was sufficient to show that he actually did file an ABC registration form. With respect to the second argument, we noted that the former INS did not have a record of all ABC registrants. After a full hearing on the NACARA application, the Immigration Judge agreed with both of our arguments and granted NACARA relief. Our attorney Scott Bratton handled the case. It is so rewarding when, after talking to a desperate family so many times, we are finally able to break the good news: "your husband will be released from jail today". We know the impact of the announcement, and we feel so much joy for the family. Our client and his family had green cards. Last time he traveled, upon returning from Mexico they had him detained because he had plead guilty of a criminal charge in a Municipal Court more than 10 years ago. His detention was a mistake for many reasons: he was an arriving alien with a green card who met certain exceptions, so he could have been called to Court while not detained. Also when he pled guilty, he had not been informed about the legal consequences of his plea. In fact he thought it was a minor charge and did not feel guilty at all, but was told this was what he could do to terminate the case. The family hired us when he was in jail. We immediately filed Habeas Corpus and a release request. We also asked for cancellation of removal, since they had ordered his deportation. We followed up constantly and we went back to the Municipal Court where we asked for a copy of his transcript and filed a Motion to Vacate the guilty plea. We submitted the right evidence to the Immigration Judge about his moral character and his criminal case. A hearing was scheduled for July 22, 2008 and we prepared the client over the phone and the family in our offices. During the hearing we were able to present the case as it was and the Judge agreed that if the criminal case was terminated he would not object to terminate removal proceedings. We attended a hearing in the Municipal Court and were able to have them Vacate the plea of guilty, and the criminal case was dismissed. We submitted this decision to the Immigration Judge who after an opinion of DHS finally granted the Motion to Terminate Removal Proceedings. This decision was issued in August 21, 2008. On the same day we requested his immediate release by fax, phone, letter and were able to get an answer from the officer: Our client would be released that same day! That is when we called the family to give the good news and they were very grateful. Our client was also so grateful that he gave us more work: "Please now help me recover the green card and passport that were confiscated". We did, of course. Scott Bratton handled this case with help of attorneys Troy Murphy and J.P. Sarmiento The journey of an immigrant in his efforts to obtain a green card can be longer and harder than his first decision to leave his country. One of our clients had a long and difficult struggle over the years, until he finally was able to become a resident. Our client, Chief technology officer came from India as a student and later started working under an H1B (temporary work) visa. We helped him renew the H1B to the maximum possible, and also helped him recapture some months for the period of time he was away from USA. After his last H1B extension was denied, we filed a Motion to Reopen and our client waited for the result. This Motion was denied, but neither the client, nor us received any notice. We only found out when he was put in removal proceedings for staying in USA without authorization. We asked for his Voluntary Departure, since had overstayed for less than a year and was ready to leave the country by his own means. As a consequence he did not receive a bar (prohibition) to return to USA for a number of years, as would have happened, if he was deported. We had been preparing his Labor Certification with his employer who would sponsor him for an I-140 (Immigrant Work Visa). After it was approved we filed the I-140 and I-485 (green Card) petition. USCIS issued Intent to Deny the I-140 and we had to showed evidence that the employer had ability to pay the proffered salary. We emphasized that the company had enough assets and capital investments, but the fact that it was a new company had to be taken in consideration when evaluating their ability to pay. We were relieved to see that USCIS finally understood this. He was approved for a Work Visa in February 2008 and was scheduled for an interview for his green card case in April 2008. Unfortunately, our client got into trouble and was charged for a misdemeanor a few days before his interview. We had to reschedule the interview which finally took place by the end of June 2008. Our attorney assisted to the interview and made sure the count of days of his legal status was not an issue, validating both the voluntary departure request and the recaptured days during the H1B. We were thrilled when he was approved his green card in August 2008. Our client was very happy and grateful to us for walking with him through the whole process, for so many years. Our attorney Lori Pinjuh handled this case with help of attorney Troy Murphy and the rest of our staff. Our client retained us after he was put in removal proceedings. We immediately filed a Motion to Terminate with the Immigration Court in New York. After consideration of our Motion, the Immigration Judge terminated removal proceedings. This will allow our client to pursue his green card. Scott Bratton handled the case. Our client hired us after he was detained pursuant to a prior drug conviction. He was placed in removal proceedings based on his criminal conviction that occurred after he obtained his green card. We then filed a Motion to Vacate his drug conviction. After a hearing on the Motion, the Motion was granted. Based on an agreement with the prosecutor's office, they agreed to dismiss the charges. We then filed a Motion to Terminate removal proceedings. The Motion was granted in August 2008 and our client was released. He now can continue living with his family in the United States. Scott Bratton and Troy Murphy handled the case. A client from Serbia entered the United States on a visitor's visa. She married a U.S. citizen who filed Petition for Alien Relative and Green Card applications (I-130 and I-485 respectively) on her behalf. Unfortunately, the client's husband disappeared before the green card interview. The client did not attend the interview given her husband's disappearance, and her green card application was denied. Subsequently, she was put into deportation proceedings, but she never received her notice to appear or her hearing notice at the proper mailing address informing her that she had been put into deportation. She failed to appear for her hearing and was ordered deported in absentia. A few years later, her daughter became a U.S. citizen and filed I-130/I-485 applications for her mother. Our client hired someone from a legal aid service to help her fill out her paperwork. The I-130 petition was approved, but the I-485 application was never processed because our client's paperwork was mishandled by her representative. Our client hired another translator to help her fill out a new green card application, but this application was returned several times for incorrect fees. The client is finally picked up by ICE and put into custody. Our firm filed a motion to reopen in absentia for our client based on the fact that she did not receive her notice to appear and hearing notice at the proper address. The client's case was reopened, and now she is eligible to apply for her green card. Scott Bratton and Deborah Lee handled the case for the firm with the assistance of Alex Strmac. Our clients retained our firm to represent them at an I-130 interview in New York. Our client was in removal proceedings and needed an I-130 (Petition for Alien Relative) approval to be eligible for adjustment of status. The I-130 was previously filed by another attorney and we were able to push to get a quick interview. After an extensive interview where we supplied the documentation to support the case, the I-130 was approved. Our client can now proceed with her green card application. Scott Bratton handled the case. Our client retained us after she had been ordered deported and was in ICE custody. We filed a motion to reopen alleging that our client failed to receive proper notice of proceedings. DHS opposed the Motion. After considering our arguments, the Motion was granted and the case was reopened. Additionally, our client was released from ICE custody. Our client is eligible to adjust status now that removal proceedings have been reopened. Debbie Lee and Scott Bratton handled the case. Our client hired us after he was detained by ICE after he was released from federal prison. We were successfully able to secure a bond from the Immigration Court in Louisiana. We also applied for an I-130 because he was married to a United States citizen. After an interview on the I-130, the case was approved in New York. Our client can now apply for a green card. Scott Bratton and Troy Murphy handled the case. Our client hired us after he had been in the U.S. for a long period of time. He failed to maintain his status. He was placed in removal proceedings and we were hired to handle the case. We applied for withholding of removal based on his conversion from being a Muslim to a Christian. We argued that he would be persecuted in Iran due to his conversion and length of residence in the U.S. After a contested hearing on the matter, the immigration judge agreed with our arguments and granted withholding of removal. Scott Bratton handled the case. Our client, a Pakistani Citizen, was previously placed in removal proceedings before the Immigration Court because of overstaying her visitor visa. The case was administratively closed due to lack of prosecution from the government. Later she married a US Citizen and in November 2006 they hired our office to pursue her Green Card application with the Immigration Court. Our office filed a Motion to Re-calendar her case before the Court, but our Motion was rejected. The court could not accept the case again because of lack of prosecution. Our office filed Green Card application with CIS in April 2007. CIS administratively closed the case for lack of jurisdiction arguing that only Immigration Court had jurisdiction over the case. In August 2007 our office then filed a complaint with the Federal Court to solve the conflict of jurisdiction. Our client's Green Card application was approved in June 2008. Scott Bratton handled this case assisted by Fabiola Cini and Francis Ramirez. We were hired after our client had an in absentia order of removal for failing to attend his hearing. Our client stated that he did not receive his hearing notice. Although he updated DHS with his new address, the hearing notice was sent to his old address. DHS argued that the case should not be reopened because our client did not inform the Court of his new address. We argued that informing DHS of his new address was sufficient. In May 2008, the Immigration Judge rescinded the in absentia order and reopened the case. Scott Bratton and Kristie Lumakin worked on the case. Our client retained us after his application for Temporary Protected Status that he had filed in 2001 was denied and he was placed in removal proceedings. He had applied to it because of the situation of violence in his home country, El Salvador. After demonstrating our client's eligibility, he was granted Temporary Protected Status by the Immigration Judge. Troy Murphy handled this case for our office. A client from Mexico hired our firm to handle his deportation case. The client was ordered to be removed in absentia for failure to appear at his hearing. The client had not received his Notice to Appear (NTA) or his hearing notice at the last address provided to USCIS. We saw that the client was eligible to apply for adjustment of status as a lawful permanent resident. Our firm filed a motion to reopen his case for failure to receive his NTA and hearing notice, and the case was reopened. Now we will be able to file for his green card. Scott Bratton and Deborah Lee handled the case for our firm. Our client from Africa entered on a visitor's visa and overstayed. Later he was put into removal proceedings. The client visited a legal aid clinic for assistance, but he eventually was ordered to be removed in absentia for failure to appear at his removal hearing. The client never really received his hearing notice. Court records showed that client's notice was mailed to a valid address but returned as undeliverable. Our firm filed a motion to reopen his case, providing documentation demonstrating that validity of the address and that the client lived there when the notice was mailed. The case was reopened. Scott Bratton and Deborah Lee handled the case for the firm. Our client, originally from China, was given a final order for deportation in 1994, but he did not leave the country. However, his wife filed an I-130 (Petition for Alien Relative) on his behalf in March 2001, which was approved in February 2005, therefore making him eligible for 245(i) Section 245(i) allows certain people to apply for adjustment of status even if they entered the United States illegally or violated their status, provided that a specific petition (I-130 amongst them) was filed by April 30, 2001. It also allows to Adjust Status if the alien has been physically present in the United States on December 21, 2000, if the qualifying visa petition (I-130 in this case) was filed after January 14, 1998. Our client was eligible under both considerations. We filed a Joint Motion to Reopen our client's I-485 with District Counsel in March 2008, and it was approved in May 2008. We will now file an I-485 with Immigration Court. Scott Bratton and Kristie Lumakin worked on this case. Our client applied for adjustment of status (I-485). However, he had a criminal conviction for a serious offense. We were able to successfully argue that his criminal conviction could not serve as a basis for deportation and that adjustment of status was warranted as a matter of discretion. Our client's case was approved in May 2008. Scott Bratton attended the adjustment of status interview. Our client, a Mexican citizen, entered US without inspection in May 1998. He was placed in Removal Proceedings in 2003. He was detained and then released after his US Citizen wife paid the bond in September 2003. They moved to a different address after to bond was posted and informed CIS for the change of address. Since he had not heard anything regarding his case for a while, he went to an info pass appointment to CIS to request on status. At this time he was informed that an absentia order of deportation was issued on his case and after being detained for only a couple of days he was deported to Mexico. Our client was protected under INA 245 (i) due to an approved labor certification filed on April 23, 2001. He was also married to US Citizen in 2003 but she never filed an I-130, Petition for Alien Relative on his behalf. As soon as he was detained by ICE, our office filed in a record time a Motion to Reopen to Rescind in Absentia Removal Order with Immigration Court arguing that our client failed to receive proper notice of his hearing. We also filed I-130, Petition for Alien Relative. Our motion to reopen was granted and his case was reopened but our client was already deported. We attempted to negotiate with ICE to bring him back because he should have not been deported while the motion was still pending. However, ICE could not bring him back at the time. We had to continue our battle to bring our client back to his family in US. Since case was reopened he was soon scheduled for his hearing before Immigration Court. We appeared on his removal hearing before Immigration Court and his case was terminated after we argued that he is eligible to adjust his status to a Permanent Resident. His I-130 was also approved in May 2008 and our office will now continue consular processing of his Green Card based on the I-130 approval. We are expecting our client to be back in US very soon. He does not have a bar of returning because his removal proceeding has been terminated. Scott Bratton handled the case for Margaret Wong & Assoc. assisted by Fabiola Cini. We filed an appeal of the Immigration Judge's decision finding our client subject to removal for an offense related to a controlled substance. We argued that there was not a sufficient relationship between the offense for which our client was convicted and a controlled substance. The Board agreed with our analysis and found that our client was not subject to removal as charged by DHS. Scott Bratton handled the case Our client came to us after she realized she had been ordered deportation for failing to appear at her hearing. She did not realize that she even was in deportation proceedings because she was in valid nonimmigrant status. However, she had been put in proceedings after her asylum case was referred to the Immigration Court. We found that the Immigration Court did not properly enter an in absentia order and filed a Motion to Reopen on this ground. In March 2008, the Immigration Court in New York granted the Motion to Reopen. Our client can now move to terminate proceedings. Scott Bratton and JP Sarmiento handled the case. Our client hired us after she had been detained because she missed her hearing over 10 years ago. She was charged with being subject to deportation due to an old criminal conviction. Our client did not get notice of the hearing although the Government argued the proper notice was given because our client failed to file a change of address form. We argued that the in absentia order of deportation was improperly entered because the Government failed to submit proof that our client was subject to deportation as charged. The Board of Immigration Appeals agreed with our argument and granted the Motion. Our client has been released from custody. Scott Bratton and JP Sarmiento handled the case. On July 2006 we had our first contact with a client when he was in jail. His detention had been ordered three years before because he had failed to appear for a hearing. In the same month we filed a Motion to Reopen, motion to rescind previous removal order, and request to release, based on negligent misrepresentation by previous attorney. Apparently, the previous attorney had failed to inform DHS and Immigration Court of immigrant's change of address, and had also failed to notify him of the hearing, even if he had been regularly calling the attorney. We also filed a Bar Complaint against previous attorney. This case was worked with a thorough follow up at Court and constant communication with client and his family. Finally, on December 2007 the BIA (Board of Immigration Appeals) ordered that the appeal is sustained, proceedings reopened and record remanded for further proceedings. This was a remarkable decision, since it is very difficult to get approvals from BIA nowadays. Currently we have filed a FOIA petition to obtain copy of his past records and continue the case. Our client hired Margaret Wong and Associates after he was picked up on an outstanding removal order. He had missed his removal hearing. When discussing the case with our client, he advised us that he never received the hearing notice despite the fact it had allegedly been mailed to the proper address. We then filed a motion to reopen with supporting evidence to show that there was a lack of proper notice. The motion was denied by the Immigration Judge. However, on appeal, the Board agreed that we submitted sufficient proof that our client failed to receive his hearing notice despite the evidence that it was sent via regular mail to the proper address. JP Sarmiento and Scott Bratton handled the case. Our client has been released from ICE custody. During the week of December 17, 2007, we were able to get 2 clients released on bond granted by an Immigration Judge where bond had previously been denied. Scott Bratton and Margaret Wong handled these cases. Our client retained Margaret Wong & Associates after being detained by the Department of Homeland Security due to his final deportation order. Our client was unaware that he had a deportation order. The deportation case was based on several criminal convictions. We filed a motion to reopen asking that the case be reopened to allow our client to apply for 212(c) relief. The motion was originally denied due to an erroneous belief that motions to reopen for 212(c) relief could not be used when the underlying deportation order was an in absentia order. Upon reconsideration, the Board granted the motion to reopen. The case was then scheduled for a hearing on the § 212(c) waiver application in December 2007. After a full hearing, the Immigration Judge granted the § 212(c) waiver. Scott Bratton handled the case for our office. Our client retained us after his two previous applications for naturalization had been denied and eh was placed in deportation proceedings as it was alleged he lied upon his last entry into the United States and on his application for permanent residence regarding his prior J-1 waiver. Our office contested these allegations and had the matter set for a hearing before the Immigration Court. After hearing all the evidence at a hearing on the issue of whether our client, by fraud or willful misrepresentation, lied regarding his J-1 waiver, the Immigration Judge found our client did not commit fraud or willfully misrepresent his status and terminated our client's deportation proceedings. Later we filed a Motion to Reopen with a fee waiver for the N400 (Application for Naturalization) and it was granted. The client had new fingerprints taken and his N400 was subsequently approved. Our attorney, Troy Murphy, handled this case for our office. Our client represented a Sikh woman from India. Although she had never been persecuted, she feared returning to India, After a four hour hearing with the Immigration Judge, the Judge granted withholding of removal as we requested. Scott Bratton handled the case for Margaret Wong & Associates. Our client was charged with being subject to removal for commission of an aggravated felony. We were able to successfully argue that the criminal conviction was not an aggravated felony. Removal proceedings were terminated. Scott Bratton handled the case for Margaret Wong & Associates Our client hired Margaret Wong and Associates after he was placed in removal proceedings for a drug trafficking conviction. He was subject to mandatory detention due to his criminal conviction. At his hearing, we denied the allegation that our client had been convicted of an aggravated felony and requested cancellation of removal. The Immigration Judge determined that our client’s conviction was for an aggravated felony and thus found him ineligible for cancellation of removal. We appeal to the Board of Immigration Appeals. The Board agreed with our argument and remanded the case to the Immigration Judge for a full hearing on our client’s cancellation of removal application. We called four witnesses, including an expert, in support of the cancellation of removal application. After hearing our arguments and considering the evidence presented, the Court granted cancellation of removal. This will allow our client, a long-time lawful permanent resident, to remain in the US with his family. Scott Bratton and Troy Murphy handled the case for Margaret Wong and Associates. When our client retained Margaret Wong & Associates, he had a final removal order for failing to attend his hearing. We filed a Motion to Reopen and argued that his case should be reopened to allow him to apply for a waiver under INA Section 212(c). He had been placed in removal proceedings for multiple theft convictions, one of which was an aggravated felony. We were successful in reopening the case. His case was then set for a 212(c) hearing. After hearing the evidence in the case, the Immigration Judge granted a 212(c) waiver, which allows our client to remain with his family in the US as a lawful permanent resident. Scott Bratton represented our client. Our client had previously retained us in 1992 to obtain a 212(c) waiver for her pre-1992 criminal convictions. Unfortunately, after our office obtained this waiver for our client, our client was placed in removal proceedings for a second time for having committed three new offenses after receiving the waiver. Our office filed Motions to Vacate our client’s guilty pleas in all three cases. All three of our client’s convictions were vacated and, as a result, our office was able to get our client’s removal proceedings terminated for a second time. Troy Murphy handled both the criminal and deportation matters for our client regarding this matter. When our client hired Margaret Wong & Associates, he had a final order of deportation. He had also received a letter from the Government asking him to report for immediate deportation. Upon reviewing the case, we concluded that our client could file a motion to reopen his deportation case based on 2001 regulations regarding the availability of a waiver of deportation under INA Section 212(c). We were able to successfully negotiate with the Government to allow our client to remain in the United States while his motion to reopen was pending. Although there was a jurisdictional issue regarding our client’s eligibility for reopening under the regulations, we were able to convince the Board of Immigration Appeals to reopen the case. In August 2006, our client finally had his hearing on his 212(c) waiver application. After considering the evidence, the Immigration Judge granted a 212(c) waiver, which allowed our client to get his green card back. It also will allow him to apply for citizenship. The successful outcome of the case also allows our client to remain in the US will his family, including his United States citizen daughter. Scott Bratton handled the case for Margaret Wong & Associates. Fabiola Cini also worked on this case. Our client is married to a lawful permanent resident. He is also in removal proceedings. His wife just passed the naturalization test and is set to be sworn in as a United States citizen in the near future. The I-130 petition she filed on behalf of our client is still pending. At his removal hearing, we were able to get the Immigration Judge to administratively close the case to allow for our client’s wife to naturalize and to allow the I-130 to be adjudicated. This will allow him to apply for adjustment of status with the Immigration Judge. Scott Bratton attended the removal hearing. When our client hired our office, he had been convicted of drug trafficking in Ohio. The Department of Homeland Security placed him in removal proceedings due to this conviction. Although he was subject to removal, we argued that the drug trafficking conviction was not an aggravated felony. The significance of this is that an aggravated felony conviction would prevent our client from applying for cancellation of removal. If cancellation of removal is granted, our client would be able to remain in the United States as a lawful permanent resident. The Immigration Judge disagreed with our argument and found that our client should be deported. We appealed the decision to the Board of Immigration Appeals. After consideration of our novel legal argument on this issue, the Board found that the Ohio drug trafficking conviction was not an aggravated felony. Thus, the Board concluded that our client could apply for cancellation of removal. The case was sent back to the Immigration Judge for a hearing later this year on the cancellation of removal application. Scott Bratton handled the case. The Board of Immigration Appeals determined that removal proceedings against our client must be terminated because she was not subject to removal for fraud or a material misrepresentation. Scott Bratton handled the case for our firm. When our client retained our firm, he was in removal proceedings. We applied for withholding of removal from Mauritania. After hearing evidence on the claim, the Immigration Judge granted withholding of removal. Scott Bratton represented our client. When our client retained Margaret Wong & Associates, he wanted to apply for naturalization. However, he had a prior criminal conviction that subjected him to deportation. We immediately filed a motion to vacate the criminal conviction. The motion was granted and the criminal conviction was vacated as the criminal court failed to advise our client of the potential immigration consequences of his guilty plea as required by statute. The original criminal charges were then dismissed. We subsequently filed a naturalization application on behalf of our client. Citizenship and Immigration Services (CIS) advised us that they intended to deny the application because our client was subject to deportation because the vacated conviction could still be used for immigration purposes. We filed a comprehensive response arguing that CIS’ position was wrong and that our client should be granted naturalization. After considering our response, CIS granted the naturalization application. Scott Bratton handled the case for Margaret Wong & Associates. Our client retained us over ten years ago to assist him and his wife in obtaining their green cards after they were placed in deportation proceedings for being out of status. His wife was able to get her green card five years ago through the Nicaraguan Adjustment and Central American Relief Act (NACARA), which provides some immigration benefits to “certain Nicaraguans, Cubans, Salvadorans, Guatemalans, nationals of former Soviet bloc countries and their dependents”. However, the husband was unable to benefit as a derivative because he was not a citizen of Nicaragua. We then filed both I-130 and I-140 applications on his behalf, which were both approved. In January 2006, our client had his final deportation hearing to determine whether he could remain in the United States. At the hearing, the Immigration Judge granted his application for adjustment of status. Scott Bratton represented our client in the proceedings with the Immigration Court, while Ryan Hess assisted on the I-485. When our client retained our office, his adjustment of status application had been denied and he had been placed in removal proceedings. His adjustment application was denied because he left the US on advance parole after accumulating more than one year of unlawful presence, triggering a ten year bar. He was erroneously advised by his former attorney that he could leave. After he returned to the US, our client married a US citizen. Due to procedural issues with applying for adjustment of status before the immigration judge, we needed to get removal proceedings terminated and file the adjustment of status application and waiver request (I-601) with CIS. The waiver was needed because our client had a ten year bar for unlawful presence. We were successful in getting removal proceedings terminated so that our client could proceed with his adjustment application with CIS. We filed the I-485 and I-601 waiver with CIS. In January 2006, CIS granted our client’s adjustment of status application and his waiver request. After a long fight, our client is now a lawful permanent resident of the United States. Scott Bratton handled the case for Margaret Wong and Associates, while Ryan Hess and Fred Calope assisted. |






