We are routinely hired by clients whose former attorneys have failed either to raise a basis for relief in Immigration Court or to present available evidence to support a particular basis for relief. The cases generally include claims for Convention Against Torture and asylum claims, as well as failure to file for post-conviction relief.
Convention Against Torture Relief. A significant number of these types of cases involve someone who is eligible for Convention Against Torture relief on the basis that he or she will be tortured or killed upon their return to their home country. Inexperienced attorneys have been found to have failed to properly present adequate evidence to support the claim of torture. We have resources, such specific books, reports, and expert witnesses at our disposal which can provide persuasive evidence of the likelihood of torture.
Concerning Convention Against Torture relief, our firm, through our managing Attorney Carla I. Espinoza, litigated the pivotal case within the Seventh Circuit which provides greater protection to those who seek this type of relief, despite having serious criminal convictions such as narcotics trafficking. Our firm has also won a case at the Seventh Circuit where the Court found that the two previous attorneys representing the non-citizen in an asylum case committed such serious errors that reversal was necessary. See, Cases We Have Won.
Criminal Post-Conviction Petitions. Many inexperienced attorneys will overlook the viability of post-conviction relief for problematic criminal convictions. Moreover, they are not experienced in filing post-conviction petitions in the local courts and, consequently, they will overlook this as an available option. We have considerable experience in vacating criminal convictions for our clients. See, Post-Conviction.