NDPA stalwart Felipe Alexandre reports on LinkedIn:
Immigration Attorney
Rowland Heights, CA
PHOTO: Linkedin
View Felipe Alexandre (艾飛力)’s profile
• 1st
U.S. Immigration Attorney-美国移民和人权律师
2d •
On Friday we had a challenging issue with our Asylum case in immigration court.
The case was heavily documented and our NYC team did such an amazing job with the package that DHS was already willing to stipulate to a Withholding of Removal (which actually requires proving a higher probability of persecution than asylum, but is a much more restrictive form of relief). Client is a bona fide Falun Gong practitioner and has publicly opposed the Chinese government’s vicious and ruthless persecution of FLG followers in China, so it was a victory on its merits just from looking at the filing and before taking testimony.
However, the reason the government would not stipulate to Asylum is because there was a one year issue in the case. Normally, clients are required to apply for asylum within one year of their last entry into the United States, unless they can prove they qualify for one of the exceptions in the statute.
This was an unfortunate case where USCIS lost the filing and by the time client found out about this, she was so mentally distraught with the persecution of her family back home that she simply could not muster the necessary focus to work on the application. Her symptoms persisted for two years until after her family was released and she finally was able to file.
We showed several receipts, USPS labels, brought a witness who was aware of the challenges client was facing at the time, and took detailed testimony where client explained the mental anguish she was suffering at the time and how this affected her ability to focus.
Asylum granted Baby!
I love this TEAM!
#immigration #team #asylum #falungong #chinahumanrights
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Dan Kowalski reports for LexisNexis Immigration Community:
Director, Immigration Detention Accountability Project (IDAP)
Denver IJ Grants CAT, Withholding Relief (El Salvador, PSG)
Prof. Elizabeth Jordan writes: “DU clinic students Anni Winan and Sharon Malhotra got a win in Judge Caley’s courtroom a few weeks ago on behalf of a Salvadoran who fears return to El Salvador under the State of Emergency declared by President Bukele. Notably, Caley found “Salvadoran men with tattoos erroneously perceived to be gang members” cognizable as a PSG, departing from Matter of EAG, and found that the conditions in Salvadoran prisons under the SOE amount to torture. [ICE did NOT appeal.] We would highly recommend Dr. McNamara as an expert as well.”
[Hats way off to Prof. Jordan (Director, Immigration Law & Policy Clinic, University of Denver Sturm College of Law) and her students!]
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Congrats to everyone involved! Fairness, scholarship, timeliness, respect, and teamwork succeeds!
Common threads:
- Great representation of the respondent;
- Great preparation;
- A well-prepared, thoughtful ICE Assistant Chief Counsel committed to working for a fair, correct, result;
- An Immigration Judge who inspired the parties to excellence, paid attention to the law and the issues, listened carefully, and allowed both counsel to do their jobs;
- An Immigration Judge who encouraged the parties to work cooperatively, narrow the issues, and focus on the key dispositive issue;
- Great teamwork and professionalism produced a great result, with efficiency, and without gimmicks or corner cutting.
What’s needed:
- Precedents establishing, enforcing, and reinforcing due process and best practices;
- Working with the private bar and NGOs to establish universal representation;
- Prioritizing represented grantable cases on the docket;
- Dynamic judicial leadership focused on institutionalizing due process, fundamental fairness, and correct, high-quality decisions;
- Highest quality judicial training and continuing judicial education. (It exists out here in the “real world” with inspiring, effective, creative, problem-solving “practical scholar/teachers.” But, according to EOIR sources, currently available only through the NAIJ!)
Due process, fundamental fairness, best practices, and maximum efficiency, consistent with due process, can be achieved at EOIR! It just takes expertise, will, a plan, and the right personnel to make it happen! Leadership makes a difference!
🇺🇸 Due Process Forever!
PWS
04-06-23
