Attorney Hamilton completed an asylum trial this morning (on behalf of a Kalenjin Tribe member from Kenya), which has been pending for the past 7 years. In addition to the applicant's compelling testimony, in this case, Hamilton successfully presented law and argument as to why a previous non-lawyer's untimely filing of the initial asylum claim should be forgiven such that the case might survive the strict one-year filing requirment.
Due to the backlog of immigration cases in the Los Angeles Immigration Court, the alien and Mr. Hamilton appeared and were ready for trial five or more times, only to be told that the Court could not hear the case on those particular days.
We are happy however, to announce that thanks to the patience of our client, the merits of the case itself and the good graces of Immigration Judge Bass and the government's lawyer, the asylum matter was approved and deemed final due to the government's election not reserve appeal.
We congratulate this applicant and the applicant's family in this very difficult and lengthy matter.
By: Maria Rangel
Tuesday, May 29, 2012
Thursday, May 24, 2012
ATTORNEY HAMILTON SECURES LPR CANCELLATION OF REMOVAL FOR ALIEN IN MANDATORY DETENTION
On May 22, 2012, Attorney Hamilton tried his first Lawful Permanent Resident (LPR) Cancellation of Removal case for the year 2012, via Tele-Video, before Immigration Judge (IJ) Walsh of the Los Angeles Immigration Court. In this case, the alien had been detained since March of 2012, following a conviction for a relatively minor offense. However, the alien's past criminal history, including convictions related to controlled substances, precluded bond for the alien.
LPR Cancellation is a special type of waiver, which allows certain LPRs who are deemed removable from the United States (usually based upon criminal convictions which trigger removability) to remain in the U.S., retaining their LPR status. Aliens convicted of controlled substance related crimes and aliens classified as Aggravated Felons under immigration law, generally find themselves unable to receive bond from immigration detention and must take their cases to trial while in detention. These cases are placed on an expedited schedule by the Immigration Court and are sometimes brought to trial in a matter of weeks as opposed to the years of litigation taken in non-detained cases. Both attorney and clients are challenged in these cases since the documentation and trial preparation process is so significantly accelerated.
Aliens granted LPR Cancellation may be released from immigration detention as early as the same day their applications are approved.
We are happy to announce that after extensive testimony by the alien and proffers of testimony of witnesses in the case by Attorney Hamilton, the alien was granted LPR Cancellation of Removal.
On May 22, 2012, Attorney Hamilton tried his first Lawful Permanent Resident (LPR) Cancellation of Removal case for the year 2012, via Tele-Video, before Immigration Judge (IJ) Walsh of the Los Angeles Immigration Court. In this case, the alien had been detained since March of 2012, following a conviction for a relatively minor offense. However, the alien's past criminal history, including convictions related to controlled substances, precluded bond for the alien.
LPR Cancellation is a special type of waiver, which allows certain LPRs who are deemed removable from the United States (usually based upon criminal convictions which trigger removability) to remain in the U.S., retaining their LPR status. Aliens convicted of controlled substance related crimes and aliens classified as Aggravated Felons under immigration law, generally find themselves unable to receive bond from immigration detention and must take their cases to trial while in detention. These cases are placed on an expedited schedule by the Immigration Court and are sometimes brought to trial in a matter of weeks as opposed to the years of litigation taken in non-detained cases. Both attorney and clients are challenged in these cases since the documentation and trial preparation process is so significantly accelerated.
Aliens granted LPR Cancellation may be released from immigration detention as early as the same day their applications are approved.
We are happy to announce that after extensive testimony by the alien and proffers of testimony of witnesses in the case by Attorney Hamilton, the alien was granted LPR Cancellation of Removal.
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