Skip to main content

If you lost your case in Immigration Court, and you think your attorney did an inadequate job; it is not the end of the world—but you must act quickly!

Bad representation from an immigration attorney can lose you money, time, peace of mind, and can even result in a deportation order against you.  However, even if this happens, it is not the end of the world.

Individuals facing deportation are entitled to a fair hearing under the Fifth Amendment of the U.S. Constitution, which includes competent representation from your attorney.  Competent representation does not mean winning your case, but that your attorney will do everything in his or her power to present a strong case before the Immigration Judge.  When an individual loses his case due to the incompetency of his or her attorney, the constitutional protections of the Fifth Amendment can allow the individual to get a second chance in court to demonstrate to the Immigration Judge why you should stay in the U.S.

This is exactly what recently happened to one of our clients.  Our client had been a Lawful Permanent Resident since the 90’s, a loving mother of two U.S. citizen children, and wife of a U.S. citizen who is a member of the military and a successful business owner.  Unfortunately, despite our client’s equities, Immigration and Custom Enforcement (“ICE”) placed her in deportation proceedings due to some misdemeanor on her record.  Our client sought representation from two different local Immigration attorneys who failed to represent her effectively.  One of the attorneys said he was going to file an application for relief with the Immigration Judge, but he did not.  The other attorney was never prepared, never on time to court hearings, did not know what the case was about, and asked the Immigration Judge for a relief that had already been denied by another Judge.  In short, he did nothing for our client.  This resulted in the Immigration Judge ordering our client deported.

Our client’s family came to our office seeking to stop the deportation.  The family came to the right firm.  One of our specialties is helping individuals reopen their cases after inadequate representation by other attorneys.  In this case, after hard work in getting all the evidence concerning previous counsel’s bad performance, the Immigration Judge ruled in our client’s favor and our client now has a second chance to fight her case and demonstrate why she should be allowed to remain in this country.

 

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America.
The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds.
Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups:
Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans), we strongly rec…

Why is USCIS Taking So Long to Renew DACA Work Permits?

If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence.

The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their driver's licens…

LOS DERECHOS DE LOS EXTRANJEROS EN LOS ESTADOS UNIDOS

Todas las personas en los Estados Unidos, incluidos los extranjeros y aun los con ordenes de deportacion, tienen ciertos derechos básicos que deben ser respetados por los agentes de Inmigración y Aduanas (ICE). Estos derechos se derivan tanto de la Constitución de los Estados Unidos. y las leyes de Estados Unidos. Como extranjero, usted tiene los siguientes derechos:

SU DERECHO A DENEGAR LA ENTRADA A SU CASA
Usted tiene el derecho de negar la entrada a un agente de ICE a su casa sin una orden válida. Esta orden debe ser firmado por un juez. Usted puede negarse a abrir la puerta, o se puede cerrar la puerta después de descubrir que el agente no tiene una orden válida. Los agentes del ICE generalmente no vienen con una orden judicial. Estos agentes suelen venir a la casa de alguien con una orden final de deportación, muy temprano en la mañana. Si alguien está golpeando en su puerta a las 6:00 am, no le es requerido abrir la puerta. Mirar fuera de primera. Si es un agente del gobierno, ust…