LOS ANGELES IMMIGRATION JUDGE GRANTS ASYLUM TO KENYAN IN CASE COMMENCED IN 2005

This afternoon I completed an asylum trial before Immigration Judge Dorfman of the Los Angeles Immigration Court in the matter of a Kenyan Kikuyu, whose case I took on at the Asylum Office (AO) level in 2005.  The case was initially denied by the AO and administratively closed and could not be referred to Immigration Court due to a lack of jurisdiction on the part of the court at the time.

In early 2010, long after court jurisdiction became possible, the client returned to my firm wishing to continue the asylum claim before the court in "Removal Proceedings."  We thus requested of the AO that the case be referred to the Immigration Court and commenced proceedings before the Court in mid 2010.

Now, seven years after we commenced this case, and after numerous delays, including changes in judges, we are happy to have been given our day in court and to have secured asylum for this cient.

This has been my 15th immigration trial of the year, and the 15th in which the client, facing removal from the United States, has secured some form of permanent or indifinite immigration relief.

By: Duane M. Hamilton

HAMILTON'S 14TH IMMIGRATION TRIAL FOR 2012 ENDS IN GRANT OF LAWFUL RESIDENCE FOR KENYAN COUPLE

Got up at 4:30 this morning to get ready for my 14th immigration trial of the year.  Trial proceedings began before Judge Ashley Tabaddor of the Los Angeles Immigration Court, promply at 9:00 a.m. in the matter of a Kenyan couple seeking various overlapping forms of relief, including what we call Non-LPR Cancellation of Removal. 

In this challenging application, we must prove that the alien: has resided continuosly in the United States for at least 10 years; is of good moral character; has a qualifying relative who would suffer "exceptional and extremely unusual hardship" if the alien is removed from the U.S.; and the alien is deserving of approval in an exercise of the judge's discretion.  This hardship standard is far more than mere inconvenience, or even significant disadvantage which would generally be suffered by an alien forced to depart the United States. 

In this case (as in all of our cancellation cases this year) we were able to meet the very high hardship standard and satisfy all of the other elements of this particular form of relief, this time for both husband and wife independently.  The judge at length, approved the cancellation claims for both, warmly welcoming the the couple to the United States and informing them that they are Lawful Permanent Residents of this country from this day forward.  The Government's counsel, representing ICE, graciously waived appeal and wished the couple well.

I have tried 14 cases thus far this year in various immigration courts, and am fortunate enough in all of them, to have secured indefinite or permanent immigration relief, including, adjustment of status, cancellation of removal (both LPR and Non-LPR), asylum, withholding of removal, and termination of proceedings for individuals fighting to preserve their green cards after criminal conviction.  Our clients have not suffered any removal or voluntary departure orders, nor have I had to reserve appeal in any case so far this year.  Most (though not all) of the beneficiaries of these life changing grants of relief have been natives of Kenya.

By: Duane M. Hamilton, Esq.