Grants for Low Bono Representation-Submissions

Adjustment of Status for VAWA Approved client

Ms. Garcia has a pending adjustment of status application. Ms. Garcia is unable to work as a result of a car accident. She has serious difficulty walking, only being able to make small steps with a walker. She cannot balance standing and most hold on to something. Our office is awaiting for her adjustment interview and she needs to submit her medicals at that time, but she doesn't have the money to pay the fees.

Bond Hearing & Removal Defense

Rodriguez Bond Hearing and Withholding Removal Defense at San Diego, CA Immigration Court.

Explanation of documents: we are providing an I-830E which does not have the notation of "CR." We are submitting p. 1 of the Motion for Bond Redetermination under Rodriguez v. Robbins with a court stamp as proof that it was a Rodriguez Bond Hearing. We are also submitting the Order of the Immigration Judge granting the bond.

UAC Asylum in defensive proceedings

Client is applying for asylum with the asylum office based on particular social group of family membership.

Client's father was a soldier in the governments military during civil war. Fiance had joined guerrillas. He broke off engagement. Fiance had child, which father did not recognize. Child is client's older half-sister. Half-sister is now local gang leader and has zeroed in on client and targets him due to her hatred against father. She and her gang have tried to kill client in the past and continue to threaten him and now his younger brother.

UAC Asylum in defensive proceedings

Client is applying for asylum with the asylum office based on particular social group of family membership.

Client's father was a soldier in the governments military during civil war. Fiance had joined guerrillas. He broke off engagement. Fiance had child, which father did not recognize. Child is client's older half-sister. Half-sister is now local gang leader and has zeroed in on client and targets him due to her hatred against father. She and her gang have tried to kill client in the past and continue to threaten him and now his younger brother.

UAC Asylum

Client is applying for asylum in defensive proceedings based on particular social groups of males from the specific canton, and as family member of his uncle.
Client's canton (outskirt town/neighborhood) is being targeted by a gang that has tried to take over. Males from canton and two adjacent canton have armed themselves to keep the gang out. Client's uncle was specifically targeted and has received threats against himself and his family. Gang is aware client is uncle's young nephew and that uncle is a father figure to him. Gang prohibits males from canton, under threat of death, from setting foot in main town center near canton (hospitals, markets, etc, there).

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T Visa in Proceedings

Josue was designated as a UC upon his entry in 2014. He is applying for a T visa in proceedings. Josue is a victim of labor trafficking. Josue was stranded in Washington, DC without adequate housing, food, or transportation. Josue was completely isolated and was forced to rely on his step-father because he did not know anyone else in the United States. Josue’s step-father forced him to work at a restaurant so that Josue could provide for himself and to pay down his debts. Josue’s step-father demanded that he pay rent and for his necessities; therefore, forcing Josue to find employment as a minor. Josue was forced to work over 60 hours a week at a local restaurant. He was paid very little for the work he performed. His step-father took most his earnings leaving Josue with barely anything to survive. Josue felt like he could not leave the situation or refuse to work. As a result of the vitimization, Josue became homeless. He continues to suffer financially and emotionally because of the victimization. Josue is currently living in safe housing and is enrolled as a full-time student.

UAC asylum

Client’s father was abusive towards mother. Mother was able to escape abusive relationship and move out. Threats and attacks continued so she left home country and left children, including client, with grandmother. Father then took client to live with him. Father severely abused client for several years and repeatedly threatened to kill him as revenge on his mother for leaving. Client tried to escape father but father just escalated abuse as punishment, culminating in an attempt murder client. Client was finally able to escape and flee the country with grandmother’s help. Grandmother and other child also left home country.

Client resides in a jurisdiction that is not prone to issuing SIJS findings, thus we are pursuing the asylum route based on the PSGs of family membership, and of children who are victims of child abuse.

Bond request
Appeal to the Board of Immigration Appeals based on ineffective assistance of counsel

Client was taken into custody without incident by Fugitive Operations (FUG) officers of DHS, and transported to the Phoenix ERO Field Office for removal. The same day, undersigned counsel filed an I-246, Stay of Removal, with DHS in Phoenix. On November 4, 2016, DHS granted his Stay of Removal for ninety (90) days to allow client to file a Motion to Reopen his Removal Proceedings based on a claim of ineffective assistance of counsel (IAC). The I-213 filed in this case corroborates this assertion: “the stay was approved . . . due to evidence that the [sic] Client’s previous attorney was suspended by the AZ Bar Association and the likelihood of an MTR [Motion to Reopen] being approved for this case.” Despite acknowledging the possible ineffectiveness of counsel, the Department nevertheless detained Client because “he breeched his bond and depart as ordered by the court.” As such, he was transferred to the Eloy Detention Center where he is presently detained. Undersigned counsel filed for a bond hearing but the bond was denied due to "no jurisdiction." Undersigned counsel is also representing client in his appeal to the BIA in regards to his motion to reopen based on ineffective assistance of counsel.

Asylum case

The client is being represented on his claim for asylum before the Executive Office for Immigration Review. Additionally, there has been a bond petition in which he was also represented. The client is presently detained.

Withholding of removal

Client is currently detained and has been since 11/2016. He is subject to a final order of removal and also reinstatement of removal as he reentered subsequent to his deportation. He was under an order of supervision where she was reporting yearly for the last five years. When he showed up for supervision in November 2016, he was apprehended and treated very badly by the officers. He has successfully completed the reasonable fear interview and the case was referred to the immigration judge for "withholding only" proceedings. His individual hearing is coming up at on March 20, 2017. We have had two master calendar hearings. The judge refuses to even entertain a bond hearing because of the final order. Efforts to negotiate with Immigration and Customs Enforcement for his release have been futile. He has a viable claim for withholding because one of his brothers who was a major drug dealer in Honduras was arrested and recently extradited to the United States by the DEA. His brother has never been in the US. However, many of the drug-related transactions had ties to New York, Venezuela, Haiti and Honduras. Upon extradition by the DEA, people associated with the brother have since killed two of my client's brothers to show the family what would happen to all of them if the extradited brother were to release any information about their activities. The retainer agreement is attached and describes all the different services that have been or will be provided and the cost associated with each service. Unfortunately, the family has been unable to comply with the payments as the main provider for the family is in detention and has been since November 2016. Of the total amounts owed, the family has only been able to pay the first visit to the detention facility. Receipt is attached. Many hours have been dedicated to the preparation and filing of the withholding only application as well as visits to the client and hearings before the immigration court. The last push will be this week in preparation for the individual hearing on March 20, 2017. The $500.00 payment received thus far is far less than $100 per hour compared to the number of hours dedicated to the matter thus far.