Thursday, April 22, 2010

Republican Congressman Brian Bilbray (R-Calif.) says that, Trained professionals" can identify undocumented workers just by looking at their clothes.

John McCain has no reason to fear illegal immigrants "intentionally causing accidents on the freeway" -- according to Rep. Brian Bilbray (R-Calif.), "trained professionals" can identify undocumented workers just by looking at their clothes.

Discussing Arizona's pending profiling bill on "Hardball," Chris Matthews challenged Bilbray to cite a "non-ethnic aspect" by which law enforcement agents could identify illegal immigrants. "They will look at the kind of dress you wear, there is different type of attire, there is different type of -- right down to the shoes, right down to the clothes," Bilbray replied.

Friday, April 16, 2010

Update on Motion to Reopen with the Board of Immigration Appeals Based on IAC

I am very happy to report that yesterday our office received the response from the Department of Homeland Security legal counsel on our motion to reopen the deportation proceeding against our LPR from the Philippines. DHS sent us a non-opposition, which is a first for me personally. I have never received a non-opposition for a BIA Motion to Reopen based on Ineffective Assistance of Counsel. Wow.

It is only on rare occasions that anyone in life gets a second chance- our client gets a second chance to stay in the U.S. if we can prevail in his merits hearing.

Just about to file another motion with the Board to reopen based on IAC. This time it is a Mongolian family who lost their asylum claim because their attorney failed to call a single corroborating witness or to provide the court with a single scrap of documentary evidence.

Keep you posted.

Thursday, April 1, 2010

Two New Cases - Ineffective Assistance of Counsel Claims

Our office had two new cases recently based on the ineffective assistance of counsel they received by prior attorneys. Just sent out the FedEx package yesterday in the first case to the Board of Immigration Appeals.

This case involves a long-term LPR, with 4 USC children, who had a couple of criminal convictions that rendered him removable. However, he was eligible for EOIR-42A relief - Cancellation of Removal. At his Individual Merits Hearing, his attorney shows up with no documents, no witnesses, even though his office had been provided with tax returns, declaration, birth certificates, etc. The IJ the weighs the evidence in the record - two convictions versus nothing and denies him relief.

Second case involves Mongolian refugees seeking asylum relief. Their trial attorney again shows up on the day of the hearing with nothing. The government actually files the Country Conditions Report. The attorney fails to call a single corroborating witness to verify the story the petitioner is telling, even though the wife and kids saw the persecution.

I'm sorry to see such poor lawyering out there.