IMMIGRATION COURT PROCEEDINGS DISMISSEDPublished: Aug 19, 2014
Our clients are natives and citizens of Nigeria. They came to the United States as visitors almost 25 years ago as young girls, along with their parents. The family was encountered by the old Immigration and Naturalization Service in the mid 1990’s, and Immigration Court proceedings were instituted. Their father’s deportation was suspended, and he then became a lawful permanent resident and then a United States citizen.
Unfortunately, his two daughters had been ordered to depart the United States voluntarily by the Immigration Judge who handled the Court proceeding. The proceeding was appealed to the Board of Immigration Appeals (BIA) by the attorney representing them at that time. The BIA administratively closed the proceedings in 2002. Thereafter, our clients applied for green cards after their father became a United States citizen. The applications were denied because their Immigration Court case was still pending. At this point we were retained.
After obtaining all of the court records and thoroughly investigating the case history, we contacted the Chief Counsel representing the Department of Homeland Security where the Immigration Court proceeding had occurred. We put together a compelling package showing all of our clients’ equities in the United States, and requested that the Government attorneys join with us in requesting that the BIA remand the case to the Immigration Judge. The Chief Counsel agreed and we then obtained a BIA Order sending the case back to the Immigration Judge so that our clients could apply for green cards. We then obtained the Government attorneys consent to dismiss the case without prejudice so that U.S. Citizenship and Immigration Services could process their applications without the necessity and expense of a trial.
We appeared before the Immigration Court and made oral argument setting forth the case history and the legal reasons why our clients were entitled to relief, and should be allowed to apply for green cards before U.S. Citizenship and Immigration Services. The Immigration Judge granted our motion and terminated the proceedings.