December 1, 2014 – Three of the firms clients released from DHS detention during Thanskgiving week

On Friday November 21, 2014, our client from Mexico was released from DHS custody with a brand new green card when DHS made its decision not to appeal the grant of the green card with an INA 212(h) waiver by the Immigration Judge. For six months, our client had been represented by another immigration attorney who was not aware that the client had a form of relief in the Immigration Court and simply asked for continuance after continuance until the client’s family sought the firm’s help. Although our client had a serious criminal conviction for the Maryland offense of second degree child abuse, the firm was still able to position our client for success in the Immigration Court through careful and meticulous pre-hearing preparation. The firm’s legal strategy was contested by DHS, but the Immigration Judge sided with our theory of our client’s eligibility for a INA 212(h) waiver. Our client was lucky that he had a caring and loving family that stood by him. Our client had spent over a year in DHS detention.

On Tuesday November 25, 2014, two days before Thanksgiving, the firm’s client from Sierra Leone was released from DHS detention with his brand new green card. Our client had convictions for credit card fraud and theft and he was removable for two or more crime involving moral turpitude not arising out of a single scheme of criminal misconduct pursuant to INA 237(a)(2)(A)(ii). The client’s original attorney thought the best plan of action was to file an application for withholding of removal based on a concession that the client’s convictions were “aggravated felonies.” After questioning such a course of action, the client’s family came to the firm for help. The client’s fiance, who was a U.S. citizen, wanted to marry the client. The firm arranged the marriage while the client was detained and then filed an I-130 on behalf of our client and his wife. Once the application was I-130 approved, the client adjustment status in the immigration Court with an INA 212(h) waiver – our client’s convictions were not “aggravated felonies.” Once the application and waiver were approved by the Immigration Judge, DHS waived appeal and our client was released from custody the same day, just in time for Thanksgiving. Our client had spent over one year in DHS custody.

On December 28, 2014, the firm’s client from Liberia was released from custody after DHS decided not to appeal the Immigration Judge’s decision to grant adjustment of status with a refugee waiver for a criminal conviction for the Maryland felony offense of first degree assault. The client had two previous immigration attorneys who were not taking the client’s case in the right direction. The client’s family sought out the firm to take over the case. Preparation was the key to the case – preparation of the various witnesses, both lay witnesses and expert witnesses, and preparation of the documentary evidence. After the Immigration Judge issued a written decision granting the adjustment and waiver, DHS waited the full thirty days in deciding not to appeal the case. Our client was released on December 28, 2014, the day after Thanksgiving, after 11 months of DHS detention, with his brand new green card.

It was a good week for the firm’s clients.