Citizen of El Salvador is granted a green card through NACARA after being voluntarily placed in removal proceedings
March 12, 2013
Facts: In September 2012, a citizen of El Salvador was desperate to get his green card. He had been in the United States for nearly 25 years. He was eligible for NACARA (Nicaraguan And Central American Relief Act), but he could not apply to USCIS to get his green card. His previous attorney billed him thousands of dollars, but ultimately, the attorney did nothing for the citizen of El Salvador. The citizen of El Salvador sought the firm’s help.
The Firm’s Representation: The firm first analyzed whether there was any relief available for our client. The form realized that our client was eligible for NACARA. However, our client never applied for asylum. Because our client never applied for asylum, USCIS did not have jurisdiction over his NACARA application. Only the Immigration Court had jurisdiction to adjudicate his NACARA application. The firm told our client that he had to be placed in removal proceedings to get a green card. Of course, our client was very concerned about being placed in removal proceedings, but the firm assured him that everything would be okay. The firm placed our client in removal proceedings. The firm attended one status hearing with our client in the Immigration Court in January 2013, whereupon a final hearing was set for March 12, 2013.
Outcome: On March 12, 2013, our client was granted NACARA special rule cancellation of removal and granted a green card.
Citizen of Sierra Leone wins CAT protection based on sexual orientation despite three “aggravated felony” convictions
March 11, 2013
Facts: A citizen of Sierra Leone was placed in removal proceedings and charged as an “aggravated felon.” His family came to the firm for help.
The Firm’s Representation: The firm took our client’s case and discovered that our client had a viable claim under the Convention Against Torture (CAT). The firm asserted that our client would be harmed in his home country of Sierra Leone based on his sexual orientation.
Outcome: Based on the firm’s extensive documentation and testimony from an country conditions expert, on March 11, 2013, the Immigration Judge granted our client CAT protection. Our client is awaiting a decision by DHS whether to appeal the case to the Board of Immigration Appeals.