CASE: Asylum in Immigration Court

CLIENT: Ethiopian

LOCATION: Cleveland Immigration Court

Our Ethiopian client came to the United States on a B-2 visa in January 2010. He was persecuted and harmed in Ethiopia based on his political opinion and political activism, so within one year of his entry, he filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.

He was interviewed at the Asylum Office, but his case was referred to an immigration judge in September 2010. The Notice to Appear was issued and our client was placed in removal proceedings. The USCIS thought that our client’s testimony was different from that of his written statement and found that there is no future persecution.

After the case was referred to the Immigration Court, our client contacted our office in early December of 2010, and eventually retained our office on December 10, 2010.

Our client was scared to go back home to Ethiopia, fearing that he will be persecuted based on his political opinion and his past political participation which alleged to be anti-government activities.

While our client was a medical student in Ethiopia, he actively expressed his opinion regarding the problematic election process, called meetings in campus and informed fellow students about their voting rights. As a result, he was arrested and detained multiple times by the Ethiopian police and has experienced harm and mistreatments in numerous occasions.

We helped him supplement his asylum application and represented him in immigration court hearings. We also asked him to provide supporting documents corroborating his claim, some of which were a letter from his family member in Ethiopia, and his membership certification with the different organizations. Our firm also did some research on articles related to his claim, and the type of persecution he will experience in Ethiopia if sent back.

Our client’s individual hearing was scheduled on February 19, 2013 at the Cleveland Immigration Court. Attorney Sung Hee (Glen) Yu from our firm prepared him extensively twice, both of which lasted several hours. He also represented our client at his Individual Hearing.

During the hearing, our client testified credibly as to his past persecution in Ethiopia and likelihood of future persecution. After the hearing, the Immigration Judge granted asylum relief for our client. He is now an asylee who will get his work permit in a short period of time and will be eligible to apply for permanent residency in one year.

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CASE: Asylee Adjustment of Status
CLIENT: Saudi Arabian
LOCATION: Dallas, Texas

Our client came to the United States from Saudi Arabia with an F-1 visa and through our representation, he was granted asylum on September 2011 by the USCIS.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status.

Around October 2012, one year after he got his asylee status in the United States, our client contacted our office again and sought legal assistance for his adjustment of status.

We prepared and filed his I-485 Adjustment of Status Application on October 23, 2012. Everything went smoothly and the receipt notice and fingerprint appointment all came on time. On January 23, 2013, the USCIS approved our client’s Adjustment of Status application. He is now a permanent resident of the United States.

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CASE: Asylum in Immigration Court
CLIENT: Cameroonian
LOCATION: Cleveland Immigration Court

Our Cameroonian client came to the United States on an F-1 visa in December 2011. She was persecuted and harmed in Cameroon based on her political opinion and political activism, so within one year of her entry, she filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.

She was interviewed at the Asylum Office in Chicago, but her case was referred to an immigration judge in July 2012. The Notice to Appear was issued and our client was placed in removal proceedings. The USCIS thought that our client’s testimony was different from that of her written statement.

After the case was referred to the Immigration Court, our client contacted our office in late July of 2012, and eventually retained our office on July 30, 2012.

Our client was scared to go back home to Cameroon, fearing that she will be persecuted based on her political opinion and her past participation with human rights activist groups. While our client was a college student in Cameroon, she became a human rights activist involved in educating and informing fellow students on campus about their basic fundamental rights. Our client organized some student movement activities, joined student marches against government’s actions and participated in political activities. As a result, she was arrested and detained multiple times by the Cameroonian police and has experienced harm and mistreatments in numerous occasions.

We helped her supplement her asylum application and represented her in immigration court hearings. We also asked her to provide supporting documents corroborating her claim, some of which were a letter from her parents, colleagues and friends in Cameroon, Cameroonian medical documents of our client’s injury, and her membership certification with the different human rights organizations. Our firm also did some research on articles related to her claim, and the type of persecution she will experience in Cameroon if sent back.

Our client’s individual hearing was scheduled on October 19, 2012 at the Cleveland Immigration Court. Attorney Sung Hee Yu from our firm prepared her extensively twice, both of which lasted several hours. He also represented our client at her Individual Hearing.

During the hearing, our client testified credibly as to her past persecution in Cameroon and likelihood of future persecution. After the hearing, the Immigration Judge granted asylum relief for our client. She is now an asylee who will get her work permit in two weeks and will be eligible to apply for permanent residency in one year.

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CASE: Asylee Adjustment of Status
CLIENT: Chinese
LOCATION: Virginia

Our client came to the United States in January 2011 after she was granted derivative asylum status as the spouse of an asylee. Her husband was granted asylum in February 2010.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status. This also applies for derivatives.

In February 2012, one year after she entered the United States, our client contacted our office and sought legal assistance for her adjustment of status application. Our office was retained on February 8, 2012, and we prepared and filed her I-485 Adjustment of Status Application on February 29, 2012. Everything went smoothly and the receipt notice and fingerprint appointment all came on time. On August 30, 2012, the USCIS approved our client’s Adjustment of Status application. She’s now a permanent resident of the United States.

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CASE: Asylum in Immigration Court
CLIENT: Russian
LOCATION: New York Immigration Court

Our Russian client came to the United States on a J-1 visa in June 2009.  She was persecuted in Russia based on her ethnicity, so within one year of her entry, she filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.  She was interviewed at the Asylum Office in New York, but her case was referred to an immigration judge in June 2010.  The Notice to Appear was issued and our client was placed in removal proceedings.  The USCIS thought that our client’s testimony was different from that of her written statement.

After the case was referred to the Immigration Court, our client contacted our office in late January of 2011. We met her in New York City for the consultation. She then retained our office on February 4, 2011.

Our client was scared to go back home to Russia, fearing that she will be persecuted based on her ethnicity. Our client lived in Russia with her mother, however, her mother was attacked by racial extremists and she was severely injured by the attack.  Later in 2008, our client was severely attacked by a group of skinheads based on her ethnicity. As a result of this attack, she had rib fractures and a concussion. The Russian police did not fully investigate the incident and could not arrest any attackers.

We helped her prepare her asylum application and represented her in immigration court hearings. We also asked her to provide supporting documents corroborating her claim, some of which were a letter from her mother and friends in Russia, Russian medical documents of our client and her mother, and her membership certification with the anti-fascist front. Our firm also did some research on articles related to her claim, and the type of persecution she will experience in Russia if sent back.

Our client’s individual hearing was scheduled on August 11, 2011 at the New York Immigration Court. Attorney Sung Hee Yu represented our client at the hearing. During the hearing, our client testified credibly as to her past persecution in Russia and likelihood of future persecution. After the hearing, the Immigration Judge requested us to submit a new X-ray and psychiatry report from U.S. doctors. The court also requested our client’s doctor to testify at the hearing. On April 5, 2012, after the doctor’s expert testimony, the Immigration Judge granted asylum relief for our client. She is now an asylee who will get her work permit in two weeks and will be eligible to apply for permanent residency in one year.

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Case: Termination of Proceedings / Adjustment of Status
Nationality: Chinese
Location: Cleveland, OH

Our client came to the United States in January 2002 with a valid B-1 visa. He has stayed in the United States ever since. He was placed in removal proceedings a few years later. While he was in the United States, his wife, who was a permanent resident, filed an I-130 petition for him. It was approved in June 2010. At the time of the I-130 filing, our client’s wife was a lawful permanent resident, so the priority date for our client was not current. She became a naturalized U.S. citizen on June 17, 2011.

Before our firm was retained, our client already had a scheduled asylum individual hearing in 2013. In August 2011, our client consulted with our office and sought legal assistance. We advised him that we would try to terminate his removal proceedings with the Department of Homeland Security’s (DHS) cooperation. Our office filed a request to join in a Motion to terminate proceedings with a copy of the I-485 application and supporting documents on November 8, 2011. The DHS counsel in Cleveland agreed to terminate our client’s removal proceedings. The Immigration Judge then granted the Motion to terminate without prejudice on December 7, 2011.

After the case got terminated, we filed the I-485 Adjustment of Status application with the United States Citizenship and Immigration Service (USCIS) on December 22, 2011. Everything went smoothly and the receipt notices, fingerprint appointment, and work permits all came on time. There was no Request for Evidence. Prior to the interview, we thoroughly prepared our clients. On March 22, 2012, our client was interviewed at the Cleveland USCIS. We accompanied them at the interview as well. The interview went well, and our client’s green card application was approved the same day of the interview. After ten years in the United States and being through removal proceedings, our client is finally a permanent resident.

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CASE: BIA Appeal
CLIENT: Chinese
LOCATION: Elizabeth, NJ

Our client came to the United States without a valid visa and passport from China. She tried to enter the United States without valid documents, was incarcerated by immigration officers, and detained in Elizabeth, NJ.   Later, she filed for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) before the Immigration Court.  She claimed that she was persecuted back home based on her religious beliefs.

Her individual hearing was conducted on October 17, 2011 at the Elizabeth Immigration Court.  She was represented by her former immigration counsel, and after the hearing, the Immigration Judge denied her applications and had an adverse credibility finding.  She reserved appeal, and her relatives in the United States contacted our office to do her BIA appeal.

Our office was retained on October 27, 2011.  On October 28, 2011, our office filed a Notice to Appeal with the BIA. We then filed a brief in support of our client’s case on December 8, 2011. We argued that the Immigration Judge’s adverse credibility determination was clearly erroneous.  After reviewing the trial transcript, we argued that our client testified in a credible manner and her testimony was largely consistent and plausible, citing specific examples based on the transcript.

On February 24, 2012, the BIA sustained our appeal. The BIA vacated the Immigration Judge’s decision, and remanded our client’s case to the Immigration Court for further fact finding.  The BIA also found that the Immigration Judge’s adverse credibility finding was clearly erroneous because it was based, in large part, on our client’s omission during her testimony.  The BIA requested the Immigration Court to further assess our client’s application for asylum, withholding of removal, and protection under CAT.

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CASE: Asylee Adjustment of Status
CLIENT: Chinese
LOCATION: Cleveland, OH

Our client came to the United States in October 2010 after she was granted derivative asylum status as the spouse of a person granted asylum.  Her husband was granted asylum in November 2008, and thereafter, our client came to the United States as derivative asylee.

Under the Immigration and Nationality Act, an asylee may apply for lawful permanent resident status after he or she has been physically present in the United States for a period of one year after the date he or she was granted asylum status.  Around October 2011, one year after she entered the United States, our client contacted our office and sought legal assistance for her adjustment of status.  Our office was retained on October 17, 2011, and we prepared and filed her I-485 Adjustment of Status Application on October 28, 2011.  Everything went smoothly and the receipt notice and fingerprint appointment all came on time.  On January 12, 2012, the USCIS approved our client’s Adjustment of Status application. She’s now a permanent resident of the United States.

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CASE: Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Florence Immigration Court, AZ

Our office was contacted in late August regarding a Chinese individual detained in Florence, Arizona. This Chinese client tried to enter the United States without valid documents and was incarcerated by immigration officers.

Prior to retention, the Immigration and Customs Enforcement already set a very high bond amount.  Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence, Arizona Immigration Court.  Our office communicated with him and his U.S. resident relative in New York, and gathered as much information regarding his relief, equities, criminal record, family ties, and financial ability to post bond.  We also gathered supporting documents from those relatives, from proof of their status and residence, to bank statements and tax returns.

On September 15, 2011, we represented our client for his first Master Calendar hearing.  Our client did pleadings, requested asylum relief, and requested a bond re-determination hearing.  The Immigration Judge set a bond re-determination hearing on September 27, 2011.

On September 27, 2011, we represented our client for his Florence Arizona Immigration Court bond re-determination hearing.  During the hearing, we contended that our client was eligible for asylum relief, passed his credible fear interview, was not a flight risk, had established his residence upon release, had established his financial ability to post bond, and that he had ample family ties in the United States who submitted proof of their residence and immigration status.  Our office emphasized that his lack of criminal record, designated address with contact information from his relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that the bond should be reduced.  The Judge took our arguments into account and reduced the bond amount by a substantial amount.

Our client has been released and is in the process of preparing his asylum application.

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CASE: Asylum in Immigration Court
CLIENT: Chinese
LOCATION: Elizabeth, New Jersey Immigration Court

Our client, through his relative in the United States, retained us in May 2011 to help him with his asylum case. He is from China and came to the United States with a fraudulent passport.  He was not inspected nor admitted into the United States, and was detained in the Elizabeth New Jersey CDF facility.  He passed his credible fear interview and at his Master Hearing, with our firm representing him, he applied for asylum, withholding of removal and relief under CAT.  Our client is scared to go back home to China, fearing that he will be persecuted on account of his political opinion against the “one-child policy (forced family planning)” in China.

Our client lived in China with his wife and son.  However, he learned that his wife was pregnant again early this year.  Fearing forced abortion against her, our client told his wife to hide and did not report her pregnancy to the local Family Planning Office. According to our client, forced abortions and sterilization surgeries are common in his village in China.   Later, the Family Planning Office personnel came to his house and looked for his wife several times.  When they could not find her, they forced to take our client for sterilization surgery.  Our client opposed the Family Planning Office and its personnel, and he had a physical altercation with them.  The officials punched and beat him.  Eventually, our client managed to escape and fled his home town.  He left China and arrived in the U.S. in April 2011.

Once retained, we helped him prepare his asylum application.  We also asked him to provide supporting documents corroborating his claim, some of which were a letter from his wife, the notarial birth certificate of his son, medical records of his wife, and a family planning procreation and birth healthcare service booklet for his wife.  Our firm also did some research on articles pertaining to his particular claim, and the type of persecution he will experience in China if sent back.

Our client’s individual hearing was scheduled on September 12, 2011 at the Elizabeth Immigration Court in New Jersey. Attorney Sung Hee Yu represented our client at the hearing. During the hearing, our client testified credibly as to his past persecution in China and likelihood of future persecution. On September 20, 2011, the Immigration Judge granted asylum relief for our client and our client was subsequently released. He is now an asylee and will be eligible to apply for permanent resident status in one year. He also would obtain his work permit in about two weeks.

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