Courts

Our team typically works in 3 different court forums:

The Executive Office of Immigration Review (EOIR) also known as Deportation Court;

The Board Of Immigration Appeals (this courts rules over the EOIR and its decisions);

and

The Ninth Circuit US Court of Appeals (this court decides cases coming out of Oregon, Washington, California, Arizona, Alaska, Hawaii, Idaho, Nevada & Montana).

EXECUTIVE OFFICE OF IMMIGRATION REVIEW (EOIR) (DEPORTATION COURT)

The EOIR has many immigration courts throughout the country.  We typically see cases in deportation proceedings stemming from recent requests for asylum at the border, an application denial at USCIS (immigration) or a client who has committed a crime.

While initially reviewing a case for deportation court, we ask many questions to see if the client is eligible for relief.  Most of the cases we accept fall into 2 categories:  Asylum & Cancellation of Removal Undocumented persons.

For Asylum, we look to see whether or not the client is filing within a year of entry into the United States and if not, whether any exceptions apply and whether there is a genuine fear to return to their home country.

Several examples of types of cases approved for asylum:

Membership in a family where a family member worked for a Central American Government & was threatened with death & stalked.

Female Central American threatened with death and unable to receive help from the government (domestic violence type case).

Transgender client from Mexico filing years after entry, but marital status and additional transition occurring within one year of filing.

Gay client from Central American country.

Youth from Central American Country subjected to severe abuse by family members.

Russian Family threatened by government for political opinion.

During intake we review the case and let our clients know whether their claim is strong or not.  We will give you our honest opinion.

 

For Cancellation of Removal for Nonlegal Residents (E42b or 10 year cancellation), we look at whether or not the client can prove their presence for 10 years, whether or not there are any crimes that would defeat good moral character requirement, and whether or not the client has a legal permanent resident or United States Citizen Child or Parent or Spouse who would suffer exceptional and extreme hardship if the client were deported.

  • 10 years physical presence
  • good moral character
  • exceptional & extreme hardship to a Legal Permanent Resident Spouse or Parent or Child if the client is deported.

During the application process in court, the client may apply for a work permit.

Typically the hardest prong to meet is the hardship.

Case wins or provisional approvals:

parents of child with autism

parents of child with down syndrome

main breadwinner client on dialysis

parents of child with ADHD

parent of child at risk for cancer

parent of child of at risk youth

client with spouse that has mental health issues

single parent of teenagers with significant athletic ability

single parent of of child with mental health problems

main breadwinner of large family.

These types of cases can be difficult to prepare as the case often depends on many documents to support claims.  We work with clients to let them know what types of documents we need.  We have also found that filing taxes properly for those 10 years is very important.  We send clients to tax professionals to make sure their taxes are done right.

We will give you an honest opinion as to whether or not you have a strong case.  This form of relief is only granted in court and a win results in the client receiving their legal permanent residency.  We have decades of experience with this type of case and know what it takes for a win.

While these are our most common deportation court cases, we also have decades of experience handling cancellation of removal for legal permanent residents who have committed crimes and are in deportation court, re-filing denied petitions in court, adjustment of status with and without waivers in court, removal of conditional residence in court, filing U visas while in court, filing parole in place for family member while in court, filing waivers while in court AND 3 year cancellation AND VAWA in court.

For VAWA and 3 year Cancellation of Removal we look at:

Are you Undocumented & Married to an United States Citizen or Legal Permanent Resident? Does Your Spouse Mistreat You, Threaten You or Abuse You?

If the answer is yes, you may be eligible to file a petition for yourself.

Requirements:

1. Married to either an United States Citizen or Legal Permanent Resident
2. You are a Person of Good Moral Character
3. You do not have any disqualifying criminal convictions
4. Your spouse mistreats you or controls you or physically abuses you

Note: Certain Grounds of Inadmissibility Apply and it’s best to get the advice of an experienced immigration attorney before applying.

This month we received the Legal Permanent Resident Card for our male Mexican client. He entered the United States years ago without inspection. He eventually married an United States Citizen and had several children in the United States. His wife monitored his phone calls, questioned him when he was not home on time, hit him, pushed him, and threatened to call immigration on him. She never petitioned for her husband. Because the client did not have any grounds of inadmissibility, we were able to to file a self petition under VAWA (Violence Against Women Act — it applies to men too) & our client received legal permanent residency (green card) without having to leave the United States.

Question:

My husband is a legal permanent resident. He monitors my phone calls, doesn’t let me leave the home, controls the money, and tells me he won’t file my immigration papers and threatens me about this. Do I qualify for the self petition?

Answer:

You appear eligible for the self petition. We will ask you more questions about your immigration history, stops at the border, whether or not you have any criminal convictions and about how many times you have entered the United States to see if you qualify.

Question

I entered the United States without inspection in the year 2000. I’ve been married to an United States Citizen for 5 years and we have a child together. I called the police because he slapped me and threatened to take away our child and have me deported. I don’t have any criminal convictions and I was never deported or stopped at the border. Do I qualify to get my green card?

Answer

Yes, you appear eligible. We will ask you some additional questions to make certain you are eligible. If we are able to file your case, you should have a work permit in about 6 months and we are currently receiving legal permanent resident cards for this type of case in about 1 year to 16 months. Once you have your legal permanent resident card, you may travel outside the USA. You will also be able apply for citizenship at a later date.

Cases at deportation court typically take 1 to 5 years for completion.

BOARD OF IMMIGRATION APPEALS

If a case is denied at Deportation Court (EOIR), an appeal can be filed at the Board of Immigration Appeals.  The filing fee is currently $110 made out to the United States Department of Justice.  The appeal must be filed within 30 days of the EOIR decision.

At the BIA, we argue why the Immigration Judge was wrong or if there is new evidence, we file a motion to remand (after the appeal is filed).

Cases at the BIA are difficult to win and currently take about 1.5 years for a decision.

Wins at the BIA include:

Asylum cases remanded for a grant.

Cancellation for nonlegal permanent residents remanded for grant of relief.

A legal permanent resident cases remanded for dismissal of deportation charges.

Motions to reopen for new evidence.

NINTH CIRCUIT COURT OF APPEALS

If there is a denial by the BIA, the next appeal that can be made is with the Ninth Circuit Court of Appeals.  This is one of a handful of courts just below the United States Supreme Court.  Cases appealed here typically last a year to 5 years +.  Detailed legal arguments are made by written briefs and in rare cases an oral argument before the court is done.