In Re: R. and S. (5/31/2011)

2021-03-09 in Cases Won

In Re: -, R & S, (Chicago Immigration Court, May 31, 2011). Legal challenge:Our clients, husband and wife, were detained, paroled and released in the United States at the Canadian border, they stated fear of returning to their country of origin. ACTION TAKEN: Chicago Immigration Advocates filed applications for asylum, withholding of deportation, and deferral of deportation in accordance with the Convention Against Torture based on their fear of returning to their country on the basis of religious persecution. Result: The Immigration Court considered that our clients established that they were practicing Christianity, and that in the future, they will be persecuted by the government of their country in the Middle East. The Immigration Court also found that clients were previously persecuted due to their religious beliefs in their home country.

Chicago Immigration Advocates Gets Another Win at the 7th Circuit Court of Appeals

2021-03-05 in Cases Won
Chicago Immigration Advocates’ Attorney Christine P. Varghese on September 8, 2020 won a Petition for Review before the Seventh Circuit Court of Appeals for a Cameroonian citizen whose claim of withholding of removal was denied by the lower Immigration courts . Tandap v. Barr, 2020 WL 5405603 (7th Circuit).
Our client, who had a previous deportation order, hired Ms. Varghese to reopen his immigration proceedings before the Board of Immigration Appeals in order to apply for asylum, withholding of removal, and protection under the U.N. Convention Against Torture (“CAT”) based on the Cameroonian government’s growing mistreatment of the Anglophone minority group to which he belonged. Attorney Varghese successfully argued that the Government made serious reversible errors in its decision–namely that the Board improperly used the incorrect standard of proof and improperly ignored the expert report as well the client’s arguments for CAT protection. The Seventh Circuit vacated the Board’s decision remanding it to the Board to correct its errors.
Chicago Immigration Advocates Law Offices continues to demonstrate, through the efforts of Ms. Varghese, that no matter how complex your case might appear to be, if any lawyers are going to win your case, it will be Chicago Immigration Advocates.

Victory at the Seventh Circuit Court of Appeals

2017-08-09 in Cases Won

On April 1, 2015, the attorneys at Chicago Immigration Advocates obtained a ruling from the Seventh Circuit Court of Appeals reversing the Board of Immigration Appeals (“Board”) and ordering that the Board review the case again in light of the errors committed by the Respondent’s previous two attorneys. Tie Xia Chen v. Holder, 782 F.3d 373 (7th Cir. 2015). The Respondent hired two attorneys for his trial hearing who committed a multitude of errors, including, mistranslating an affidavit, recommending the Respondent to get documents he could not obtain, failing correct the record regarding the birth date of his child, among other mistakes.

According to the Seventh Circuit, the Board committed error when it refused to properly review the errors committed by the previous attorneys. The Court said “[t]he Board should determine if Chen’s attorneys incompetently neglected to offer evidence and arguments that might have resolved the inconsistencies identified by the IJ.” Id. at 377. In its opinion the Seventh Circuit acknowledged the strength of our argument when it said “[i]n a detailed brief, Chen methodically argued that each inconsistency or deficiency identified by the IJ could be attributed to counsel’s incompetence.” Id.

The case has been remanded to the Board and we are still awaiting its ruling.

James C. Ten Broeck Jr., the principal attorney, along with his associate attorneys, first filed a Motion to Reopen with the Board, in which these errors were pointed out and requested that the Board send the matter back to the Immigration Court. As required by rule, two complaints were filed with the Attorney Registration and Disciplinary Commission of Illinois (“ARDC”) against the ineffective attorneys.  When the Board denied the Motion, Chicago Immigration Advocates attorneys filed an appeal to the Seventh Circuit Court of Appeals.  After two rounds of briefing and oral argument, the Seventh Circuit Court of Appeals agreed that the case should be reversed.

We are very happy for our client that we were able to get this hard-fought result. We are confident that our Client will have an opportunity to present his case again and, this time, have the opportunity to present all of his evidence in a favorable light.