AAO Hardship Victory: Nigeria

Bruce Coane writes: "In a decision released this week, by the Administrative Appeals Office of Homeland Security, a Nigerian woman represented by our law firm, won her appeal.  As a result, this mother of five who has resided in the USA for many years, can now achieve legal status. Our client had filed for her green card (lawful permanent residence status) but it was denied because she had been arrested for theft.  She filed for a waiver based on having USA citizen children, but that waiver was denied together with the green card denial.  The client had been arrested in 1988 for theft.  The immigration service denied the green card and waiver in 2008, and an appeal was filed.  In a decision issued on April 13, 2011, the Administrative Appeals Office approved the appeal and granted the waiver to our client.  The appeals office agreed that one or more of our client’s children would suffer extreme hardship if the mother was deported.  In particular, they found that one of the children had ADHD and was depressed, and would have significant “adjustment” issues if her she had to move to Nigeria with her mother.  In addition, the appeals office found it significant that there were travel warnings for USA citizens going to Nigeria.  Both of these foregoing matters weighed heavily on the decision to grant the extreme hardship waiver.  Interestingly, this decision may serve as “precedent” for citizens of Mexico who seek waivers, since there are similar travel warnings for Mexico."

Matter of X-, A087 290 657 - CSC, Apr. 13, 2011.

Courtesy of Bender's Immigration Bulletin - Daily Edition.

Unpub. BIA 212(c) + 212(h) victory

Unpublished BIA decision dated Apr. 11, 2011 out of Laredo remanding to allow the use of a 212(c) waiver in conjunction with a 212(h) waiver.  Hats off to Tony E. Parada of Houston, and thanks to Raed Gonzalez for bringing it to our attention.

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

212-998-6451

nancy.morawetz@nyu.edu

Asylum and “Credible Fear” Issues in U.S. Immigration Policy

Asylum and “Credible Fear” Issues in U.S. Immigration Policy

CRS, Apr. 6, 2011, R41753.

Padilla Retroactivity News

Here are three recent cases, one state, two federal, dealing with the retroactive application of Padilla v. Kentucky.

1.  Hernandez v. Florida, Third Dist. Ct. of App., Apr. 6, 2011.

2.  U.S. v. Diaz-Palmerin, N.D. Ill., E.D., Apr. 5, 2011.

3.  Zapata-Banda v. U.S., S.D. Tx., Brownsville Div., Mar. 7, 2011.

Courtesy of Bender's Immigration Bulletin - Daily Edition.

Remember: LexisONE gives you FREE caselaw going back 10 years!

IJ Grants Asylum to Couple from Zimbabwe, South Africa

On March 31, 2011 IJ John R. O'Malley, Kansas City, granted asylum to a couple from Zimbabwe and South Africa.  The case was heavily documented and hotly contested; attorney Jonathan Willmoth expects DHS to appeal.

Unpub. BIA Suppression Victory (Memphis)

Sean Lewis writes: "We just won a suppression case at the BIA which you may want to share. The case involved a racially-motivated traffic stop by a Metro Nashville Police officer in a 287(g) jurisdiction. The BIA held that indeed the suppression in immigration proceedings could be linked to the initial traffic stop, even though the Metro Police Department is a separate agency from DHS/ICE and the Sheriff acting under 287(g).  Remanded to consider whether the traffic stop was egregious under the Fourth Amendment."

 Matter of Quinteros, Mar. 31, 2011, unpub.