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Removal/Asylum/Court Proceedings
Sample Success Story: BIA Remanded and Immigration Judge Granted Cancellation of Removal Case

On March 30, 2011, an immigration judge of Houston granted cancellation of removal to a Lin & Valdez LLP client pending clearing of our clientís fingerprint check.  The ruling ended a five-year saga court proceeding of a mother who was deprived of her children.


This case started from early 2006 when the client was picked up by the government on her worksite.  Initially, she did not know what to do and almost decided to accept deportation.  After a few days she was in the ICE detention, her employer through referral came to our office.  Attorney Stewart Lin immediately went to the detention to visit the client.  It turned out that our client was abused by her US citizen husband who took away her two children almost two years ago in the divorce. Worse yet, the ex-husband had forbidden her from visiting the two kids using her illegal status as a threat. While waiting for the bond hearing, we quickly prepared and filed a Violence Against Women Act petition to the USCIS.  Unfortunately, as the divorce date the client remembered was wrong, it so happened that by the time the USCIS received the petition, it was 1 day after the two-year deadline after the divorce for VAWA petition.  The case hence was denied, and client was sent to the removal proceeding. 


In the removal, we applied for special cancellation of removal for battered spouse.  The case is challenging as the clientís husband and two children had not lived with her for over two years.  Nevertheless, we argued that the clientís removal will cause extreme hardship to the two children as in the clientís Motion to Modify Divorce Decree proceeding in the family court showed that the father had rooted in the childrenís mind tremendous hostility against the mother, the childrenís mental and emotion development has been negatively affected, and the motherís presence and visitation was strongly recommended by the psychiatrist. Besides, we also argued that the court failed to consider the hardship the removal will cause to our client. While the immigration judge was sympathetic to our client, and complimented on our argument, he nevertheless denied the case.


In November of 2008, BIA remanded the case and ruled that our argument was not appropriately weighed and considered.  In remanded proceeding in December of 2008, the court asked the parties to submit brief and further documents to assist him identifying the hardship involved in this case.  In January of 2009, we filed the Respondentís brief and Motion for Court to Consider Post-Hearing Evidence.  Finally on March 30, 2011, the court agreed that extreme hardship was established.  The relief was granted, and the government waived appeal pending the clearance of our clientís fingerprint. The excitement and emotion of our client upon hearing the courtís ruling is beyond description.  This case represents just another sample of our success stories.


Attorneys at Lin & Valdez have represented hundreds of aliens in all kinds of proceedings in immigration court.  We represent clients in all immigration courts of Texas, and Louisiana.  We also represent clients in immigration courts in Michigan, California, etc.  For bonding, removal, or relief seeking in the immigration court, please contact us immediately. 

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