KENYAN COUPLE SUCCESSFULLY COMPLETES SEATTLE'S SMART ACCELERATED RESOLUTIONS TEAM (SMART) PROCESS

In a case which I have been litigating before the Seattle Immigration Court, since 2011, ICE Chief Counsel (the prosecutor in Immigration Court cases), on April 4, 2014, issued its "Informative Memorandum To The Court," stating its agreement, pursuant to its "Smart Accelerated Resolutions Team" (SMART) process, that the couple should be granted Non-LPR Cancellation of Removal without cross examination by ICE, once visa numbers become available to the couple (hopefully in the next fiscal year starting in October 2014). The Court has thus, responsively removed the case from its trial calendar and "reserved" its decision granting the case to such a time as visa numbers are available.

This innovative program allows Respondent's counsel to fully litigate the case in terms of briefs, applications, motions and supporting documents/evidence, and then once fully documented, to submit a stylized request to SMART for its assessment.  ICE Chief Counsel is extremely helpful in assisting litigants in understanding the simple, but precise requirements of preparing the request, which must be followed exactingly to ensure SMART consideration.  However, Respondents should understand that success in this process does not imply that their counsel have somehow done or accomplished less for them than would have been accomplished at trial. SMART simply provides a different avenue for Respondent's counsel's advocacy, resulting (if successful) in relief for an over-burdened Immigration Court, reduced stress for the alien Respondents, and a furtherance of ICE's commitment to President Obama's prioritization policies for Removal Proceedings.

Upon approval, these Respondent's will become Lawful Permanent Residents (LPRs) of the United States on a pathway to Naturalization (Citizenship) applications 5 years after approval.

We are grateful for the thoughtfulness of ICE Chief Counsel's Office in Seattle and to the Honorable Immigration Judge, Kenneth Josephson of the Seattle Immigration Court, thus far in this process.

By:  Duane M. Hamilton, Esq.