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Post image for Detained Chinese Client Released After Successful Bond Redetermination Hearing in Florence Arizona

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

Our office was contacted in April of 2012 regarding one Chinese person who was detained in Florence, Arizona. He tried to enter the United States without valid documents and was incarcerated by immigration officers.

Prior to retention, the Immigration and Customs Enforcement set a bond amount of $15,000.  Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence Immigration Court in Arizona.  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 our client’s relatives, from proof of their status and residence, to bank statements and tax returns.

On May 7, 2013, we represented our client at his Florence Arizona Immigration Court bond re-determination hearing.  During the bond re-determination hearing, we explained to the Court that our client already 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 his residence and immigration status.  Moreover, our office explained 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.  At the end of the hearing, the Immigration Judge took our arguments into account and reduced the bond amount to only $7500.

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Post image for Detained Chinese Client Released After Successful Bond Redetermination Hearing in Florence Arizona

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

Our office was contacted in December of 2012 regarding one Chinese person who was detained in Florence, Arizona. He tried to enter the United States without valid documents and was incarcerated by immigration officers.

Prior to retention, the Immigration and Customs Enforcement set a bond amount of $15,000.  Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence Immigration Court in Arizona.  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 our client’s relatives, from proof of their status and residence, to bank statements and tax returns.

On January 11, 2013, we represented our client at his Florence Arizona Immigration Court bond re-determination hearing.  During the bond re-determination hearing, we explained to the Court that our client already 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 his residence and immigration status.  Moreover, our office explained 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.  At the end of the hearing, the Immigration Judge took our arguments into account and reduced the bond amount to only $6000.

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

Our office was contacted in late September regarding a Chinese citizen who was detained in Florence, Arizona. He 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. Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence Immigration Court in Arizona.

Our office communicated with him and his U.S. resident relatives in Pennsylvania, 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 his relatives, from proof of their status and residence, to bank statements and tax returns.

On October 2, 2012, we represented our client for his Florence Arizona Immigration Court bond redetermination hearing. We explained that our client already 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 explained that his lack of criminal records, 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. At the end of the hearing, the Immigration Judge took our arguments into account and reduced the bond amount.

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

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CASE: Immigration Bond Court Hearing / Release from Detention
APPLICANT: Guatemalan
LOCATION: Cleveland Immigration Court, Ohio

Our office was contacted in the middle of July regarding a Guatemalan who was recently picked up by the Immigration Customs and Enforcement (ICE) officers and detained in Ohio. He entered the United States without inspection in 2006.

Prior to retention, the Immigration and Customs Enforcement told us that they have a no bond issuance for our clients, because he was single, had a probation violation issue, has no family ties, and no permanent address. Our client wished to be released.

Upon retention, we filed a motion for bond redetermination with the Cleveland Immigration Court in Ohio. Our office communicated with our client and his U.S. resident relative in Cleveland, and gathered as much information regarding his relief, equities, 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 August 7, 2012, we represented our client at his Cleveland Immigration Court master calendar and bond hearings. For the Master Calendar hearing, we did pleadings and sought asylum relief. During the bond re-determination hearing, we explained to the Court that our client 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 explained that his 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 set. At the end of the hearing, the Immigration Judge took our arguments into account and set the bond for our client at $7500.

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

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

Our office was contacted in early March regarding a Chinese individual detained in Florence, Arizona. He 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 Immigration Court in Arizona.  Our office communicated with him and his U.S. resident relative in Pennsylvania, 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 his relative, from proof of their status and residence, to bank statements and tax returns.

On April 6, 2012, Attorney Sung Hee (Glen) Yu represented our client in his Florence Arizona Immigration Court bond re-determination hearing. The DHS proposed a bond but it was too high. During the bond re-determination hearing, we explained to the Court that our client already 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 had ample family ties in the United States who submitted proof of their residence and immigration status.  Moreover, our office explained that his lack of criminal records, 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.  At the end of the hearing, the Immigration Judge took our arguments into account and reduced the bond amount by one third of the original amount.

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

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CASE: Motion to Reopen
CLIENT: El Salvadorian
LOCATION: Cleveland, OH

Our client came to the United States without inspection and admission from El Salvador in 2004. When he was crossing the border, the Customs and Border Patrol (CBP) officials picked him up and placed him in a minor house as he was only 17 at that time.  Later, our client went to the Phoenix Immigration Court for his first hearing, and later on his venue was changed to Cleveland as he informed the Court that he was moving to Cleveland to live with his brother, who was on Temporary Protected Status (TPS).  He then appeared for his first hearing before the Cleveland Immigration Court. At the hearing, they scheduled a date for his next hearing, but also informed him that the hearing will change, and that he will get a notice in the mail. Our client has lived in Cleveland with his brother who has TPS status since. He never got the hearing notice.

On February 1, 2012, our client’s brother got a phone call from the Immigration Service and they asked him about our client.  The brother asked them what our client did wrong, and to his surprise, he was informed that our client had a final order of removal in November 2006. He was told that his brother should go to the Immigration and Customs Enforcement (ICE) on a specific date “to be processed”.

Our client and his brother immediately sought our help, and upon our check of our client’s A number with the court system, found that his final order was issued in November 2006 in Cleveland, OH.  We told him that he has a final order of removal and because of that, when he goes to ICE on his appointment date, he might get picked up. We told them that he has to file a Motion to Reopen before he goes to ICE for his appointment, and show them that the Motion was filed. He was already deportable, and the Motion would stay deportation and lessen the chance that he gets detained.

So our client retained our office the day before his appointment with ICE (Immigration and Customs Enforcement). We met him extensively to prepare the affidavit and on the same day, our office prepared and filed the Motion to Reopen with the Cleveland Immigration Court. We also gave our client a copy so that he could show ICE that he had an automatic stay with the pending Motion to Reopen.  Our client never received his hearing notice; moreover, his prior appearances in Court show that he previously complied with immigration appointments.

Documentation of his address at the date of the final order, a detailed affidavit regarding his addresses and his circumstances around the final order date, documentation of the last address he provided to the immigration service prior to the final order date, and other supporting documents were submitted.  In the Motion, we also explained that our client feared going back to El Salvador and that he intended to file asylum if the case is reopened.

When our client went to ICE, he showed the Motion to Reopen and fortunately, he was not detained. He was also issued an Order of Supervision, which was an added bonus since he became eligible to file a work permit.

Then, on March 13, 2012, the Cleveland Immigration Court granted our motion and reopened our client’s case. Our client now does not have a final order of removal and may seek relief with the Immigration Court.

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CASE: Master Calendar / Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Florence Immigration Court AZ

Our office was contacted in the middle of February regarding two Chinese people who were detained in Florence, Arizona. They tried to enter the United States without valid documents and were incarcerated by immigration officers.

Prior to retention, the Immigration and Customs Enforcement set a very high bond amount.  Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence Immigration Court in Arizona.  Our office communicated with them and their U.S. resident relative in Iowa and New York, and gathered as much information regarding their 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 February 23 and 24, 2012, we represented our clients at their Florence Arizona Immigration Court master calendar and bond re-determination hearings.  For the Master Calendar hearing, we did pleadings and sought asylum relief. During the bond re-determination hearing, we explained to the Court that our clients already passed their credible fear interviews, were not a flight risk, had established their residence upon release, had established their financial ability to post bond, and that they had ample family ties in the United States who submitted proof of their residence and immigration status.  Moreover, our office explained that their lack of criminal record, designated address with contact information from their relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that the bond should be reduced.  At the end of the hearing, the Immigration Judge took our arguments into account and reduced the bond amount.

Our clients have been released, venue has been changed, and they are now in the process of preparing their asylum applications.

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CASE: Motion to Stay / Motion to Reopen / Jail Release
CLIENT: Indonesian
LOCATION: Cleveland, OH

Our client came to the United States with a valid B-2 visa from Indonesia in March 2003. He later filed for asylum but was denied by the Immigration Judge in May 2010.  Our client subsequently filed a timely appeal with the Board of Immigration Appeals (BIA), but the BIA also dismissed appeal on October 21, 2011.

In December 2011, our client married his U.S. Citizen wife and through our office, filed an I-130 petition on January 3, 2012.  Once we obtained the I-130 receipt notice, we filed a Motion to Reopen on January 10, 2012, within the 90-day deadline for filing Motions to Reopen with the BIA.

On January 12, 2012 our client was picked up and detained by the Immigration and Customs Enforcement. We visited our client and jail and soon filed a Motion to Stay with the BIA. A stay if approved would prevent deportation pending a pending appeal or motion. Our office argued that the Board should issue a stay of removal pending a decision on the Motion to Reopen.  The Motion to Stay was filed with evidence of a bona fide marriage, however, on January 27, 2012, the BIA denied our request for stay. We immediately called ICE and they already set a deportation date of February 2, 2012. Since there was no limit to the Motions to Stay that one can file, we prepared another Motion to Stay on January 27, 2012, spending the whole day with our client’s wife in putting in more evidence of their bona fide marriage including a broad power of attorney entrusting his wife with the management of his financial, personal, and real property interests, a joint bank account, and numerous letters and photographs from family and friends affirming the bona fide nature of their marriage.  Our office argued that these types of documents submitted with our Motion clearly demonstrate that their marriage was entered into in good faith as the BIA set forth in Matter of Velarde, 23 I&N Dec. 253 (BIA 2002). On January 31, 2012, two days before the deportation date, our Motion to Stay was approved, which meant that our client would not be deported on February 2.

Eventually, the BIA granted our client’s Motion to Reopen on February 8, 2012, and remanded it to the Immigration Judge to allow our client to apply for adjustment of status (green card). Upon approval of the Motion to Reopen, we promptly contacted ICE and requested release.  On February 10, 2012, our client finally released from the detention facility. Now he simply has to wait for his I-130 interview and once that is approved, he can apply for adjustment of status.

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Case: Marriage in Detention and Custody Release / Review
Client: Chinese
Location: Cleveland Ohio

Our client, a Chinese National, was picked up by ICE in late August 2011 because of an outstanding deportation order. His relative retained our firm to represent him to work on getting his release. After an initial evaluation, we informed our client’s relative that it would be a challenge because he was single with no family ties in the United States and he had no other favorable conditions for release.

Fortunately, our client’s fiancé had applied for asylum and her asylum interview was pending. They were about to get married but our client got detained prior, and they thought they could not get married anymore unless he was released.

We informed them that a request could be made to ICE for marriage-in-detention, and that afterwards we may have an argument that he could become a derivative applicant of his fiancé’s asylum application which could be a basis for requesting his release. We informed them it was a stretch, but based on the prosecutorial memo released last year, it was worth a shot.

Despite the fact that our client was in detention, our firm made arrangements for his fiancé to obtain a marriage license and also contacted ICE for permission for them to get married at the detention facility. Subsequently, we arranged for a minister to conduct the wedding ceremony in jail for our client and his fiancé. We filed the request and after a few days, the Detroit Regional Immigration and Customs Enforcement office approved it.

After their marriage, we immediately filed a “Motion to Stay  Removal” for the client with ICE. Prior to our client’s detention reaching 90 days, we filed a “Request for Release on 90-Day Custody Review”, but unfortunately, ICE issued a decision continuing detention. We negotiated further with ICE and even personally went to their office at the Federal Building. Soon, we were given a chance to submit another “Request for Release – Custody Review” before jurisdiction got transferred to Washington DC. We argued that once his wife’s asylum is approved, she would be able to file an I-730 for our client, who then can file a DHS Request to Join in a Motion to Reopen or a Sua Sponte Motion to Reopen to seek derivative asylee status as the beneficiary of an approved I-730. Simultaneously, we also filed a “Deferred Action Request” pursuant to the recent John Morton memo.

On January 5, 2011, the ICE officer personally called our office to inform us that the Detroit ICE considered our second request and decided to release our client. He was released under order of supervision that same day.

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CASE: Master Calendar / Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Eloy Immigration Court, AZ

Our office was contacted in early September regarding a Chinese individual detained in Eloy, Arizona. This person 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 Eloy Immigration Court in Arizona.  Our office communicated with her and her U.S. resident relative in Connecticut, and gathered as much information regarding her 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 October 3, 2011, we represented our client for her Eloy Arizona Immigration Court master calendar hearing and bond re-determination hearing simultaneously.  During the Master Calendar hearing, we did pleadings for our client, and requested asylum relief.  During the bond re-determination hearing, we explained to the Court that our client already passed her credible fear interview, was not a flight risk, had established her residence upon release, had established her financial ability to post bond, and that she had ample family ties in the United States who submitted proof of their residence and immigration status.  Moreover, our office explained that her 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.  We also emphasized that our client is a young female individual, and explained briefly the nature of her asylum claim. At the end of the hearing, the Immigration Judge took our arguments into account and reduced the bond to only one-third of the  amount the DHS originally set it for.

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

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