In one of his more complex adjustment of status matters in many years, Attorney Hamilton, secured Lawful Permanent Residence for an African alien whose spouse had been in criminal detention during the I-130 Petition phase of the case.
Hamilton began his representation of the alien in mid 2009, after the alien had been placed in Removal Proceedings in Los Angeles, California. Though at first-blush, the alien appeared qualified to adjust through marriage to a US Citizen, this adjustment was made complex by the fact that the US Citizen spouse, at the time, was detained for a protracted period at a certain criminal detention facility. Hamilton sought to reassure the Immigration Judge that an I-130 interview could be conducted by USCIS while the petitioner was detained and then set about the difficult task of actually coordinating such an interview between authorities at the correctional facility and USCIS in LA. Ultimately, after many false starts with USCIS, the I-130 interview was conducted in early 2011 and the I-130 approved days later, while the Petitioner remained incarcerated. Hamilton appeared in person with the alien at the Los Angeles Field Office, while the petitioner testified via phone from the correctional facility.
Following approval of the I-130, Removal Proceedings were terminated to allow USCIS to complete the adjustment of status phase of the case. We are happy to announce that this matter, after certain unexpected developments and added complexities in the adjustment process, was successfully completed this morning by supervising USCIS Officers. The alien received Lawful Permanent Residence in the United States, ending this stressful chapter of the immigration journey.
We are grateful to USCIS for its thoughtfulness and patience in accommodating and fairly adjudicating what was indeed an unusal and challenging set of circumstances.
By: Maria Rangel
Monday, April 16, 2012
Thursday, April 5, 2012
IMMIGRATION JUDGE GRANTS GUATEMALAN FAMILY OF THREE ASYLUM IN HAMILTON'S 4TH IMMIGRATION TRIAL OF 2012
In 2004, Attorney Hamilton, embarked upon the representation of a terrified Guatemalan female who had been detained during her arrival, in flight from persecution in her native country. Hamilton represented the alien in her "Credible Fear" interview at Corrections Corporation of America (CCA) in Otay Mesa, California, and quickly secured parole for her from detention.
After 8 years of litigation in this matter, an immigraon trial was conducted on April 2, 2012, in Los Angeles, California, before Immigration Judge (IJ) Parchert. The female applicant was joined by her spouse (presenting his own application for asylum) and minor child, also in the United States without documentation. The case involved the consideration by the IJ of the concept of "past persecution" and the existence and/or continuation of military patrols known as PACS in Guatemala and the transformation of those organizations into "Clandestine Armed Groups" maintaining the ability to persecute and terrorize old enemies. The Guatemalan Human Rights Commission (GHRC) submitted an authoritative country conditions report in support of the family (rebutting a statement offered by US Department of State which attempted to argue for denial of the claim). GHRC's Director, Ms. Kelsey Alford Jones further stated her willingness to testify if necessary.
Upon completion of testimony by both applicants, the IJ was persuaded that past persecution had occurred in the experience of the family, and that the government had not rebutted a presumption that persecution would continue. Asylum was therefore approved for all three family members, bringing their long and hard-fought saga to an end.
Hamilton stated yesterday that it should be known, "though over 90% of our immigration caseload continues to be for aliens from Kenya, we bring the same high degree of effort, scholarship and attention to detail to the work we do from time to time for clients from a number of countries around the world."
Mr. Hamilton is proud to have represented these applicants and to have secured for them the protection they have sought these many years. Hamilton and the applicants have also expressed their sincerest thanks to GHRC, the IJ and to the government's attorney, who graciously waived appeal.
By: Maria Rangel
After 8 years of litigation in this matter, an immigraon trial was conducted on April 2, 2012, in Los Angeles, California, before Immigration Judge (IJ) Parchert. The female applicant was joined by her spouse (presenting his own application for asylum) and minor child, also in the United States without documentation. The case involved the consideration by the IJ of the concept of "past persecution" and the existence and/or continuation of military patrols known as PACS in Guatemala and the transformation of those organizations into "Clandestine Armed Groups" maintaining the ability to persecute and terrorize old enemies. The Guatemalan Human Rights Commission (GHRC) submitted an authoritative country conditions report in support of the family (rebutting a statement offered by US Department of State which attempted to argue for denial of the claim). GHRC's Director, Ms. Kelsey Alford Jones further stated her willingness to testify if necessary.
Upon completion of testimony by both applicants, the IJ was persuaded that past persecution had occurred in the experience of the family, and that the government had not rebutted a presumption that persecution would continue. Asylum was therefore approved for all three family members, bringing their long and hard-fought saga to an end.
Hamilton stated yesterday that it should be known, "though over 90% of our immigration caseload continues to be for aliens from Kenya, we bring the same high degree of effort, scholarship and attention to detail to the work we do from time to time for clients from a number of countries around the world."
Mr. Hamilton is proud to have represented these applicants and to have secured for them the protection they have sought these many years. Hamilton and the applicants have also expressed their sincerest thanks to GHRC, the IJ and to the government's attorney, who graciously waived appeal.
By: Maria Rangel
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