(Cleveland, Ohio – March 20, 2014) A People’s Republic of China national, with deportation scheduled Tuesday, was granted an I-246 Motion for Stay Monday afternoon because an Immigrations and Customs Enforcement (ICE) Director cared enough, after Bao Nguyen, Esq., with Margaret W. Wong and Associates, Co., LPA, had the passion and drive to get the ICE Director’s attention.
Our whole firm celebrated. Any granted motion is a major accomplishment. First, few foreign borns have the resources to retain an attorney. Second, most top law firms are exhausted fighting for detainees, and turn down the cases. Third, respecting most foreign borns’ rights and reviewing the foreign borns’ cases to determine who is a positive contributor to the US is too difficult for ICE.
Over the past ten years, good cases are getting approved, but difficult cases are not. The PRC national saw a judge nearly twenty years ago, lost his request for asylum, lost his appeal, and lost his subsequent motions to reopen. No matter how hard he works, ICE works harder: rounding up those whose residencies have not been approved, and handing the detainees to Enforcement and Removal Operations (ERO). And ICE ERO’s 2013 total number of removals was the highest ever.
Once the deportation plane’s wheels leave the runway, the client’s case is lost. So, the moment the PRC national retained us, the clock was ticking. Bao said, “First I filed a motion. Then I reviewed the case with Ms. Wong, and she suggested filing the Stay Request and advocating with ICE for our client.”
“You can’t just file and hope they get around to you,” Ms. Wong said. “They’ve got a docket a mile thick, and are so mired in cases, it’s sad. They deport people to decrease their workload. That’s true government inefficiency. And people get hurt. These are real people with real needs and concerns. They’re here for a reason – it may be their lives are endangered. But ICE ignores that.”
“That’s not acceptable and President Obama and Mr. Jeh Johnson at Homeland Security know it. They’ve got to fix that. But our client can’t wait. So after we file, we get in their face. We make them listen. If we have to, we go all the way to the Director.”
Which is exactly what this case required. Bao kept calling ICE, and the Director, pleading our client’s case up to the last moment. Then the Director, recognizing this case had merit, ordered the Stay. And our client’s flight was cancelled.
“Our client still has some ordeals ahead of him,” Bao said. “But he knows we’re right there with him. Staying the deportation is just the first step. Now we have to help him navigate the next steps, and get him back to his American Dream.”
Bao Nguyen, Esq, Margaret W. Wong & Associates, Co., LPA, Bao@imwong.com
Margaret W. Wong, Esq., President and Managing Partner, Wong@imwong.com
Margaret W. Wong & Associates, Co., LPA.
www.imwong.com ● 216-566-9908
3150 Chester Avenue, Cleveland, Ohio 44118