Sunday, April 10, 2011

CSPA Victory on Priority Dates

Nancy Morawetz writes:
"Attached please find a decision of Immigration Judge Videla finding that the Child Status Protection Act allows for retention of a priority date from a labor certification application for a child who has aged out.  The judge distinguishes Matter of Wang as a case that did not involve agency delay.  Our client, Mohammed Azam, has been fighting deportation since 2003, when he was placed in removal proceedings as a result of participating in the Special Registration program.  At the time he was placed in removal proceedings, he was only 18 years old and explained, to no avail, that his father had been waiting two years for the adjudication of his labor certification.  After further agency delay and backlogs, the labor certification was granted.  Today, all of Mr. Azam’s family has legal status.   The immigration judge had previously terminated proceedings due to multiple regulatory violations when our client was arrested.  That decision was reversed by the BIA and the case was remanded for consideration of relief. Under the latest decision, the court has ordered that our client’s status be adjusted to that of a legal permanent resident.   Mr. Azam has been represented over the years by students at the NYU Immigrant Rights Clinic, including Annie Lai, Arlen Benjamin-Gomez, Jennifer Turner, Hena Mansori, Sonia Lin, Anna Purington, Kelli Barton, Roopal Patel, Benjamin Locke, Camilo Romero and Briana Beltran."

Nancy Morawetz
Professor of Clinical Law
Supervising Attorney, Immigrant Rights Clinic
NYU School of Law
245 Sullivan Street
New York, New York 10012

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