Today, a Kenyan client who I have represented over the past 10 years was granted Cancellation of Removal by Judge Sholomson of the Los Angeles Immigration Court. This result was the product of exhaustive litigation from USCIS, to the Immigration Court, through the Board of Immigration Appeals (BIA), to the 9th Circuit Court of Appeas, back down to the BIA on remand from the 9th Circuit, and then ultimately back to the Immigration Judge on remand from the BIA, where the case was ultimately granted. It should be noted that Judge Sholomson was not the original trial judge from which the case was first appealed.
Cancellation of Removal accords lawful permanent residence (LPR) status in a somewhat similar manner to an adjustment of status. However, the litigation of cancellation claims is far more involved and technical than most adjustment cases.
Chow & Hamilton, congratulates this client and expresses the Client's thanks to both the Court and Government's counsel for their sensitivity and thoughtfulness in this matter.
By: Duane Hamilton
Tuesday, October 19, 2010
Friday, October 8, 2010
HAMILTON COMPLETES 9TH CIRCUIT ORAL ARGUMENTS
Attorney Hamilton appeared before the 9th Circuit Court of Appeals in Pasadena, California yesterday and presented his oral arguments in a Kenyan asylum case which had been denied by Immigration Judge Ipema six years ago. The case presented many novel issues of law including one one which may be an issue of first impression for the court. The case is now submitted and awaiting the decision of the Court. Such decisions may take several months for issuance by the Court.
By: Maria Rangel
By: Maria Rangel
JUDGE DIMARZIO GRANTS KENYAN MALE'S FGM RELATED ASYLUM CLAIM IN JUDGE'S LAST CASE IN LOS ANGELES
On September 30, 2010, Attorney Hamilton completed the trial of a Kenyan anti-FGM male's asylum claim, in what was to be Immigration Judge DiMarzio's final merits hearing in Los Angeles, California before transferring to his home town of Chicago.
In granting the asylum claim, the judge found that Hamilton had established that the alien, who had resided in the U.S. for over a decade before applying for asylum, had overcome the one year filing bar in asylum claims and did qualify for asylum.
This ends several years of litigation for the alien and Mr. Hamilton, who has been on the case throughout the Asylum Office and Immigration Court phases of the matter.
Chow & Hamilton congratulates our client and wishes Judge DiMarzio well in his new assignment in Chicago.
By: Maria Rangel
In granting the asylum claim, the judge found that Hamilton had established that the alien, who had resided in the U.S. for over a decade before applying for asylum, had overcome the one year filing bar in asylum claims and did qualify for asylum.
This ends several years of litigation for the alien and Mr. Hamilton, who has been on the case throughout the Asylum Office and Immigration Court phases of the matter.
Chow & Hamilton congratulates our client and wishes Judge DiMarzio well in his new assignment in Chicago.
By: Maria Rangel
GOOGLE ERRONEOUSLY DELETES C&H BLOG
To all of those who read this blog from time to time, you may have noticed that we have been missing from the Internet for the past week and a half or so. Apparently, Google which hosts our blog, has automated robots or crawlers of some sort which roam about its blogger universe attempting to delete "spam blogs." In this process however, legitimate blogs are apparently being deleted and then reinstated after a somewhat convoluted process with Google. We have fallen prey to such error.
Thankfully, however, Google was fairly diligent in addressing our request for the blog to be reinstated, yet, the process of reinstatement is not intuitive and you can forget about reaching a customer service rep via phone. The most unnerving aspect of all of this is that we cannot get reassurance from anyone at Google that this will not happen again, and hence, we are looking into other options for the hosting of our blog.
We apologize for our absence.
By: Duane M. Hamilton
Thankfully, however, Google was fairly diligent in addressing our request for the blog to be reinstated, yet, the process of reinstatement is not intuitive and you can forget about reaching a customer service rep via phone. The most unnerving aspect of all of this is that we cannot get reassurance from anyone at Google that this will not happen again, and hence, we are looking into other options for the hosting of our blog.
We apologize for our absence.
By: Duane M. Hamilton
Wednesday, September 15, 2010
KENYAN MERU GRANTED ASYLUM BY L.A. IMMIGRATION COURT
Yesterday (September 14, 2010), Attorney Hamilton secured asylum via order of Immigration Judge DiMarzio of the Los Angeles Immigration Court, following a half-day trial, in the matter of a Kenyan belonging to the Meru tribe. The Client expresses the sincerest gratitude to the Court and to the gracious prosecuting attorney representing ICE in this matter.
By Maria Rangel
By Maria Rangel
Wednesday, September 8, 2010
SAN DIEGO IMMIGRATION JUDGE GRANTS CANCELLATION OF REMOVAL AND ASYLUM TO MIXED AFRICAN COUPLE
Yesterday afternoon, I appeared before Immigration Judge Bagley of the San Diego Immigration Court, to receive a decision in the asylum and cancellation of removal matters of a mixed African couple (Husband from Kenya and wife from another African country which I will not name to preserve their anonymity). This case was tried in a one-day trial on May 18, 2010, but could not be decided that day because of the complexity of certain issues and the competing forms of relief sought. The judge ordered myself and the government's attorney to present our closing arguments in writing and then to return on September 7, 2010 for the decision.
Based upon the compelling testimony of the couple and considerable written briefs and closing arguments, the judge granted both asylum and cancellation of removal to the couple. This means that the couple, in addition to being asylees of the United States, have also been accorded Lawful Permanent Resident (green-card) status (an extremely rare circumstance indeed). It should be noted that out of an allotment of 4000 possible cancellation of removal grants for each fiscal year, only 1,300 on average of these very difficult applications are actually granted nationwide.
We are gratified at the outcome for this wonderful couple, and as always, must thank the Court for its life-changing decision and the government's lawyer, for electing not to appeal.
By: Duane M. Hamilton
Based upon the compelling testimony of the couple and considerable written briefs and closing arguments, the judge granted both asylum and cancellation of removal to the couple. This means that the couple, in addition to being asylees of the United States, have also been accorded Lawful Permanent Resident (green-card) status (an extremely rare circumstance indeed). It should be noted that out of an allotment of 4000 possible cancellation of removal grants for each fiscal year, only 1,300 on average of these very difficult applications are actually granted nationwide.
We are gratified at the outcome for this wonderful couple, and as always, must thank the Court for its life-changing decision and the government's lawyer, for electing not to appeal.
By: Duane M. Hamilton
HAMILTON SCHEDULED FOR ORAL ARGUMENTS BEFORE THE NINTH CIRCUIT COURT OF APPEALS
Attorney Hamilton is scheduled to argue the case of a Kenyan married couple seeking asylum in the United States, before the 9th Circuit Court of Appeals, in Pasadena, California, on October 7, 2010. He has been pursuing asylum and alternative forms of humanitarian relief on behalf of the aliens in this matter since April of 2002. The 9th Circuit Petition for Review alone (after a subsequent 4 year process in the exhaustion of the Asylum Office, Immigration Court and Board of Immigration Appeals stages) has been litigated over the last four and a half years. Even after arguments before the 9th Cirucit, a decision may remain pending for several months.
This case requires review by the Court, of many novel and nuanced legal concepts, and Mr. Hamilton will be preparing himself for these arguments throughout the month of September.
By: Maria Rangel
This case requires review by the Court, of many novel and nuanced legal concepts, and Mr. Hamilton will be preparing himself for these arguments throughout the month of September.
By: Maria Rangel
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