NCPLS Immigration Work
For the past decade, NCPLS has provided limited assistance to inmates in connection with immigration matters. For instance, we have successfully represented prisoners who were U.S. citizens, but who were erroneously being considered for deportation, non-English speaking prisoners who were convicted without the benefit of an interpreter, and non-citizens who were not advised of the immigration consequences of entering a guilty plea. NCPLS has also successfully represented non-citizen prisoners who faced persecution, torture, or murder upon removal.
PROOF OF "DERIVATIVE" CITIZENSHIP PREVENTS DEPORTATIONRecently, NCPLS helped inmate Juda Ha correct his sentence and prove his United States citizenship. As a result of these efforts, Mr. Ha's overall prison time will be reduced by six to nine years, and he will not face deportation to Vietnam at the end of his sentences. In 2004, Mr. Ha pled guilty to robbery with a dangerous weapon. Because of mitigating circumstances in the case, the court imposed a sentence of 82 to 108 months, to be run concurrently with an existing sentence. However, the clerk mistakenly marked the sentence as consecutive on the judgment. Investigating Mr. Ha's claim that the sentence was to run concurrently, neither Mr. Ha's former defense attorney nor the court reporter could substantiate Mr. Ha's claim. NCPLS Attorney Ken Butler and Paralegal Kira Weiss sought the help of the assistant district attorney (ADA) prosecuting the case. The ADA acknowledged the clerical error and agreed to have it corrected. Because of Mr. Ha's convictions, the government initiated deportation proceedings against him. Neither Mr. Ha nor the government realized that Mr. Ha is a "derivative" United States citizen. Although Mr. Ha was admitted to the United States as a permanent citizen, he was under eighteen years old when his mother subsequently became a naturalized citizen, at which time he automatically became a citizen as well by law. In defense of the deportation proceedings, NCPLS helped Mr. Ha submit an application which explained the facts to an immigration agency. NCPLS Attorney Hoang Lam accompanied Mr. Ha to an interview conducted by the Citizenship and Immigration Services (formerly known as the Department of Immigration and Naturalization (INS)). After the interview, the agency issued Mr. Ha a Certificate of Citizenship, which settles the dispute. Consequently, the deportation proceedings against Mr. Ha will almost certainly be terminated, and he will be able to rejoin his family and community when he completes his sentences. |
In RE: HernandezNCPLS Staff Attorney, Lisa Chun, successfully defended a client in immigration court on removal proceedings in which the Bureau of Immigration and Customs Enforcement (BICE) attempted to deport our client to his native country of Mexico. In Re Hernandez, File No. A 44-278-189. Our client has been a legal, permanent resident of the U.S. since 1993. In 2005, he was convicted of involuntary manslaughter and misdemeanor possession of marijuana. He was sentenced to 14-17 months to be served in the North Carolina Department of Correction. While incarcerated, the BICE filed an immigration detainer against him and commenced removal proceedings, alleging that he was deportable due to his convictions of two crimes involving "moral turpitude." Upon his release from DOC custody, he was transferred into federal custody pursuant to the detainer BICE filed earlier. In response to the government's allegations, our client turned to NCPLS. Ms. Chun filed a motion to terminate the deportation proceedings. Ms. Chun argued that Mr. Hernandez was not convicted of two crimes involving moral turpitude. The case was set for a master calendar hearing and the immigration judge granted the motion to terminate and ordered our client's release from immigration custody. Our client has been reunited with his family, which includes his United States citizen wife, his six-month-old son, and his mother, who is also a legal permanent resident. We expect this will be a happy holiday season for the Hernandez family, to whom we wish "Felice Navidad!" |
Political Immigrant Faced Persecution, Torture, and/or Death Upon Removal
Having been granted political asylum, our client was legally residing in the United States . However, he was subsequently convicted of embezzlement and sentenced to 8 to 10 months to be served in the North Carolina Department of Correction. While our client was incarcerated, BICE filed an immigration detainer against him alleging that he was deportable due to his conviction of an aggravated felony. In response, NCPLS filed a claim in immigration court asserting that there was a clear probability that our client would face persecution and torture if he were forced to return to Somalia. Therefore, despite his conviction of an aggravated felony, NCPLS argued that our client was entitled to remain in the United States under a procedure known as Withholding of Removal. In the early 1990's, Somalia was gripped by a civil war in which the government was overthrown by clan warlords. Our client's family had held prominent positions in the former government and were members of a minority clan traditionally discriminated against by the clan headed by the warlords who had overthrown the government. Because of his family's involvement in the former government and his membership in a minority clan, our client suffered severe persecution and torture in the aftermath of the civil war, until he was able to escape to the United States where he was granted political asylum. Conditions in Somalia have not improved for the minority clan since the civil war - the country continues to be plagued by clan warfare and rampant human rights abuses. With no central government to protect those who are vulnerable in these circumstances, our client faced grave and perhaps mortal danger if he were forced to return to Somalia . This critical point was established with expert testimony and was argued on our client's behalf. The immigration judge found the argument persuasive and ruled in our client's favor. As a result, our client is permitted to remain and work in the United States . Upon his release, our client has reunited with his family (who also escaped from Somalia ). They have made the United States of America their new home. |
NCPLS Staff Attorneys Lisa Chun and Hoang Lam successfully defended a client in immigration court on removal proceedings in which the Bureau of Immigration and Customs Enforcement (BICE) (formerly known as the Department of Immigration and Naturalization ( INS )) attempted to deport our client to his native country, Somalia . In re: Hassan , File No. A 76 413 781 ( U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement)( October 25, 2005 ). 
