Facts: In July of 2020, a citizen of El Salvador, who had been living in the shadows because he was afraid of being deported based on a 2009 removal order, came to the firm seeking help with his immigration case.
The Firm’s Representation: The firm immediately requested our client’s immigration files from the government through Freedom of Information Act requests. Upon review of our client’s immigration court file, the firm noticed that our client’s prior attorney made a mistake in 2009 and missed the fact that our client was eligible for a green card through NACARA (our client’s father received NACARA benefits at a time that could benefit our client too), and instead let our client take an order of removal. Notably, the attorney who had made the mistake had been indefinitely suspended from the practice of law in 2018 for, among other things, “for failing to represent his client competently and diligently.” Based on the mistake made by our client’s previous lawyer and the fact that the previous lawyer had been suspended for incompetence, in early 2021, the firm filed a motion to reopen based on ineffective assistance of counsel according to the Board of Immigration Appeal’s case of Matter of Lozada, 19 I&N Dec. 637 (B.I.A. 1988).
Outcome: On August 13, 2021, our client’s motion to reopen was granted and our client was given a quick hearing date and on October 26, 2021, our client was granted lawful permanent residency pursuant to NACARA.
Comments: Our client is a devoted family man and he did not want to get deported, so for 12 years he hid in the shadows to avoid detection by immigration authorities. After being granted a green card in court, our client and his family were overcome with emotion because, after so many years of hiding, our client could finally come out of the shadows.