Case Studies

Below are some of the sorts of complex immigration cases we handle on a routine basis. By combining our knowledge and understanding of immigration law, family law and criminal law - and how these three areas of law overlap and interact - we are able to provide our immigrant clients with a superior legal service:

  • A Mexican father of 5 U.S. citizen children, with a wife who was 7 months pregnant, was detained by ICE agents and placed in deportation proceedings following his arrest for a felony charge of contributing to the ​delinquency of a minor for an allegation that he had purchased alcohol for his underage 19-year-old cousin (they charged a felony on that!). Our client was unlawfully present in the United States, and he had previously been removed on an order of voluntary departure some 10 years earlier. However, he returned to the U.S. shortly after his voluntary departure, beacuse he could not bear being separated from his wife and children. Another immigration attorney had erroneously told our client that his prior order of voluntary departure was reinstatable and that he was therefore ineligible for a bond. We determined, however, that he was eligible for a bond and we obtained one for him, and then we obtained a U-Visa for him based on an incident in which he had been the victim of a felonious vehicular assault some years earlier. Upon his U-Visa application being approved, we terminated his removal proceedings and now our client and his wife both have their lawful permanent residencies based on the U-Visa.

  • A Costa Rican husband of a U.S. citizen, came to us to inquire about the possibility of reopening an old outstanding in abstentia deportation order he had received from a judge when he was 12-years-old, back in 1993. (It was now 2016). Our client's mother had attempted to enter the U.S. without inspection with our client in early 1993, but they were detained by border patrol agents and placed in removal proceedings.  Both, however, were paroled into the U.S. and allowed to apply for political asylum. His mother missed their first court date, and they were thus both ordered deported in abstentia. He and his mother remained in the U.S. notwithstanding his deportation order; our client graduated high school and college here, and throughout the years, no less than 5 other immigration attorneys told him that there was no hope to ever reopen his case and vacate his deportation order. We disagreed with that assessment, filed a motion to reopen with the corresponding immigration court, and argued that as a 12-year-old, our client had not received notice of the hearing at which he was ordered deported in abstentia. The Government failed to respond to our motion, and the immigration judge granted it summarily. We then filed an I-130 for our client on behalf of his citizen wife, which was approved; and then we filed an I-601A provisional waiver based on hardship to his wife, which was also approved. We then requested voluntary departure for our client, which was granted one month before his consular interview was scheduled in Costa Rica. At his consular interview, the adjudicating consular interviewer erroneously concluded that the order of voluntary departure created an additional ground of inadmissibility not covered by the I-601A, and denied our client's visa. Our client called us in a panic, we told him not to worry. We quickly drafted a legal brief addressed to the consular interviewer explaining why the decision to deny the visa was mistaken, and we submitted it to the consulate with supporting evidence. The next day, the consulate contacted our client to advise that their error had been corrected, and that his passport and visa were ready to pick up. He flew back to the U.S. the next day, and lives in Colorado happily with his wife and children. He will be eligible to become a U.S. citizen in 2019. 

  • ​A Mexican national and mother of 6 U.S. citizen children, was in the U.S. unlawfully when she hired us and initially sought our help with a custody matter that was already 6 months ripe. She had been deported from the U.S. on two prior occasions in her life, most recently several years earlier, after she was picked up by ICE agents at a rehabilitation center in Texas, where she was enrolled pursuant to an agreement with child protective services there, which became involved in her life after learning that she was struggling with a drug addiction in part because she was caught in an extremely abusive relationship with the father of her youngest child. Prior to enrolling in the rehab program, she reached out to her sister-in-law, who lived in Colorado, and agreed to temporarily care for our client's children, while our client successfully completed the rehab program. However, after our client was deported to Mexico upon completing the rehab program, her sister-in-law then refused to return her children to her in Mexico or to even allow our client to have any contact with her own children. Thus, after a year elasped without being able to have contact with her children, our client was forced to return to the U.S. illegally in order to reunite with her children. When she arrived in Colorado, however, her sister-in-law hired an attorney to file an emergency Petition for Allocation of Parental Responsibilities (APR), painting our client as trying to 'kidnap' her own children and so dangerous that she should not be allowed any contact with them. Then through discernable lies, the sister-in-law, through her attorney, fought tooth and nail to try to prevent our client from having any contact with her children; the sister-in-law was literally trying to steal our client's children from her. That is when she hired us. And when it was all said and done, after a year and a half of litigation, our client was able to regain full and unfettered custody of her children, after our firm's own investigation produced enough evidence to convince the judge that the sister-in-law's husband had been physically and sexually abusing our client's daughter all along. The sister-in-law's husband was arrested and deported himself. ​

        And yet our client's problems did not end there. Shortly after she regained full and unfettered custody of her children, her abusive
        ex-partner showed up at her door one day in Colorado, instigated an argument with our client, which ultimately ended in our client
        biting her ex-partner in self-defense. She called the police, but when the police arrived, her ex-spouse (who is a dual citizen of
        Mexico and the U.S., and speaks English), was able to twist the story (as our client does not speak English and there were no
        Spanish-speaking police officers or translators) and the police ended up arresting our client for domestic violence charges for having
        bit her ex-partner. After the second court hearing, and after providing evidence to the District Attorney's office showing that her ex-
        partner was the actual abuser and had committed countless egregious domestic violence agianst her in the past, all of the charges
        against her were dropped.

        And whether you can believe it or not, our client's legal problems still did not end there. Shortly thereafter all of the charges against
        her were dropped, she was detained by ICE agents and placed in reinstated removal proceedings after appearing at court for a
        traffic ticket (our client never returned to Mexico, because she worried that her ex-partner would find her there and continue to
        beat her or worse; and that the police there were unable to protect her). She remained detained at the Aurora GEO Detention
        Facility for 5 months (during which time her her biological sister cared for her children). She was finally released and allowed to
        permanently reunite with her children after we won her I-589 Application for Withholding of Removal with the logic under Matter of
        A-R-C-G-, 26 I&N Dec. 388 (BIA 2014). Today she lives happily and lawfully in Colorado with her U.S. Citizen children. 

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