Deportation Terminated on behalf of an Unaccompanied Minor from Central America

My motion to terminate deportation has been granted on behalf of my client, an unaccompanied refugee child from Central America. The termination order permanently eliminates the threat of removal to a country where he faces unspeakable violence. A Green Card will be forthcoming putting an end to this ordeal.

I am proud to say that in the four years since the onset of the surge of unaccompanied children and women from the Northern Triangle of Central America I have not had a single client ordered removed.

I strongly urge my colleagues in the immigration law community to consider taking an unaccompanied minor case on a pro bono basis. Competent representation is a difference-maker that changes lives.

Findings of Credible Fear Plummet Amid Widely Disparate Outcomes by Location and Judge

Via Syracuse University's TRAC:

Immigration Court outcomes in credible fear reviews (CFR) have recently undergone a dramatic change. Starting in January 2018, court findings of credible fear began to plummet. By June 2018, only 14.7 percent of the CFR Immigration Court decisions found the asylum seeker had a "credible fear." This was just half the level that had prevailed during the last six months of 2017. See Figure 1. Supporting details are found in Table 1[1].

Figure 1. Percent of Immigration Court Decisions Finding Credible Fear by Month, June 2013 - June 2018 

Motion to Reopen Granted, Green Card to Follow

After first obtaining a recision of my client's administrative removal order, USCIS erroneously denied her I-485 claiming they lack jurisdiction, and incorrectly instructed that we needed to file a Motion to Reopen with Immigration Court. I then filed a Motion to Reopen the erroneously denied I-485, which was granted, and we are now waiting for a decision that if favorable will result in the granting of my client's Green Card.

Green Card Holder Readmitted Despite 9 Year Absence

I just obtained the readmission of a Greek national as a lawful permanent resident despite a 9 year continuous absence abroad overcoming an abandonment finding. My client is back inside the United States, and we are in the process of renewing his Green Card.

2nd Circuit Rules Criminal Sale of Marijuana 3rd is not an Aggravated Felony

Hot off the presses:

Hylton v. Sessions, 17‐1567‐ag (JULY 20, 2018)

Antoine Hylton, a Jamaican national, petitions for review of the order of the Board of Immigration Appeals, which found him ineligible for cancellation of removal because his prior state conviction for sale of marijuana in the third degree constituted an aggravated felony under the Immigration and Nationality Act. The single issue on appeal is whether the minimum offense conduct under Hylton’s statute of conviction, New York Penal Law (“NYPL”) § 221.45, is necessarily punishable as a federal felony by the Controlled Substances Act. Because NYPL § 221.45 explicitly extends to the distribution of less than an ounce of marijuana without remuneration, it is punishable as a federal misdemeanor. 2 Hylton’s crime of conviction is therefore not categorically an aggravated felony. We GRANT the petition, VACATE the opinion of the BIA, and REMAND for further consideration consistent with this opinion.

Click here to read the opinion.

A review from a satisfied client

"Mr. Matthew saved our lives. He is THE Best attorney in New York and his team is also very great. I don't have words to explain how much we appreciate what he has done for us. We were in a bad situation because my case was so difficult, but we won the case. I am so thankful of Mr. Matthew and his team."

Acting Director Vitiello’s Statement on House Resolution Expressing Support for ICE Workforce

For Immediate Release

For media inquiries about ICE activities, operations, or policies, contact the ICE Office of Public Affairs at (202) 732-4242.

Acting Director Vitiello’s Statement on House Resolution Expressing Support for ICE Workforce

Washington DC -- Acting Director Ron Vitiello made the following statement after the House of Representatives passed H.Res. 990, which expresses support of the ICE workforce:

\"ICE plays a critical role in protecting public safety and our national security, from combating the illegal drug trade to removing public safety threats from our communities. Our workforce continues to carry out their important mission and we will not be deterred by threats against our agency. I am grateful to the members of Congress who today publicly declared their support for the brave, dedicated men and women of ICE. We will continue to fulfill our sworn oaths to enforce federal immigration and customs laws."

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