Deportation Defense

Today’s immigration laws are perhaps some of the most challenging we’ve seen in recent history. However, with proper knowledge and preparation, it is still very possible to acquire or retain your legal status here in the United States. The Law Offices of Mike Razi assisted thousands of individuals acquire or retain their legal status in the United States. For example, the Law Offices of Mike Razi represented a legal permanent resident that was detained by the Immigration and Customs Enforcement and charged with deportability. His whole family was here in the U.S. and he had resided here for many years as well. His only offenses were an assault and failure to register with authorities.

The Immigration Service contended that he was an “aggravated felon” and a person who had committed a crime involving moral turpitude. We challenged the Immigration Service to establish removability because we knew that the Courts had held that this type of offense does not constitute an aggravated felony or a crime involving moral turpitude.

After several hearings and a number of written arguments the Immigration Service realized that they could not win and agreed to terminate the case and release our client. The clincher was perhaps our submission of a court case decided only several days before the hearing that held that this type of offense was not a crime involving moral turpitude.

The Law Offices of Mike Razi also successfully represented an immigrant in order to uphold the client’s fundamental right to a full and fair hearing, one of the most basic traditions of American jurisprudence. The concept of a full and fair hearing comes from the traditions of common law and provides that any individual regardless of their sex, age, ethnicity, national origin, financial status, and immigration status is entitled to the opportunity to present his or her case to a neutral fact finder. This concept underlies our legal system, which is based on the concepts of fairness, equality, transparency, and due process. In the immigration context, all individuals are entitled to a full and fair hearing.

Attorney Razi is proud to have successfully represented the immigrant in the leading case in this area of the law (Colmenar v. INS) and since the Court of Appeals in another very important decision (Reyes v. Ashcroft) has reiterated and reaffirmed this important concept. This case arises from a deportation hearing where the immigrant sought relief in the form of suspension of deportation. The Court found that during the hearing, the Immigration Judge had acted inappropriately and with bias toward the applicant. The record showed that the Judge had made several “snide” comments regarding the applicant’s living arrangements and had taken into consideration the fact that the applicant had an “adulterous” relationship, which led to the birth of his U.S. Citizen child whom he supported. The Court found that the Immigration Judge’s moral objections to this relationship shaded her opinion and denied the applicant a fair hearing. There is no legal ground for denying relief simply because an individual has committed adultery. The Court implies that the Immigration Judge is not there to pass moral judgment on the applicant but rather to apply the law.

In effect, the Court has reaffirmed the most basic aspect of our legal system: fairness. This concept distinguishes our system from other countries where courts are simply a tool of the government to oppress its people. This decision is another important victory for our legal system, our people, and the Constitution. It affirms that our system is based on laws and not the subjective moral whims of individuals. It affirms that everyone here, including immigrants, are deserving of a full and fair hearing before a neutral arbiter. It affirms the fact that intimidation and bias has no place in a courtroom.

These cases illustrate the importance of understanding the immigration laws as they pertain to someone’s right to remain here in the United States. An immigrant should not simply give up his or her rights or agree to give a statement to the INS before first speaking to an experienced immigration attorney. Anything you do or say or sign can be used against you in the future, and can cause deportation and banishment from the United States. Protect yourself and your family by avoiding the pitfalls.

For assistance with a deportation issue, or to learn more about this process, please contact our office at 1-888-905-0202 or email us at mail@mrimmigration.com.

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