We were retained by our client’s family to represent him in Removal Proceedings after he was placed in ICE custody, following an attempt to enter the United States using a fraudulent visa. Our client was caught at his entry point and taken into Federal custody where he was found guilty and served a three month sentence. When we were retained, our client was being moved from the Federal detention center to ICE custody. Since the client did not speak English or Spanish, the partner who interviewed him used a Creole interpreter. Within a week of being retained, at his initial master calendar hearing, we had his form I-589, asylum application ready to file, along with supporting documentation. His individual hearing was scheduled less than two weeks later. We visited him several times to prepare him for his individual hearing. We filed a witness list, including his family members who were already here in the United States, to help corroborate his claim. His hearing was conducted while he remained detained, as he was not eligible for a bond with the Federal conviction he had received.

RESULT: The Immigration Judge granted Withholding of Removal from Haiti and the Trial Attorney for the Department of Homeland Security did not reserve appeal of this decision. Our client was released from custody the day of his hearing. Our client is now free to work, live and drive in the United States, and if he marries and has a family in the future, we will be able to file a Motion to Reopen his case to allow him to adjust his status to that of Lawful Permanent Resident.