Medical Evidence was Key to Winning Asylum Case
Attorney Cohen was retained in the case of a person who was detained and facing the prospect of imminent deportation to Haiti, due to an outstanding deportation order. Client was suffering from a seizure condition, and due to client’s criminal record, client faced being detained in a Haitian jail upon arrival in Haiti. Attorney Cohen motioned the Board of Immigration Appeals (BIA) to eliminate the deportation order, and send the case back down to the Immigration Court. The BIA granted the motion to reopen, and remand the case to the Immigration Court in Miami. The Immigration Court granted client asylum in the United States. Attorney Cohen persuaded the tribunal that his client would face persecution if deported to Haiti. The government did not appeal.
A young man who arrived in the United States as a child was detained by immigration after serving a criminal sentence for a drug offense. While serving his criminal sentence and while in immigration detention, client was treated for schizophrenia. Attorney Cohen used client’s county jail and federal medical and psychiatric records in support of an application for Torture Convention relief from deportation. Attorney Cohen argued that client would likely be subject to torture if returned to Haiti, due to his mental illness and Haiti’s policy of detaining “criminal deportees.” Additionally, Cohen presented expert psychological and country-condition evidence, along with testimony of client’s family members. The Immigration Court denied the application. Attorney Cohen appealed the decision to the Board of Immigration Appeals (BIA). Attorney Cohen won the appeal, with the BIA reversing the Immigration Judge’s decision, and granting client Torture Convention Relief.
Click here to read the BIA’s decision.
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Mitchell J. Cohen, Esq.
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212(h) Waiver for Client in Miami with Aggravated Battery Conviction
Felony Conviction Threatened to Result in Deportation
A young man from a Caribbean country got caught up in a barroom brawl, and as a result of the melee he was charged with aggravated battery. The charge resulted from an allegation that he had hit someone over the head with a bottle. He was subsequently convicted. The crime would have disqualified him from a green card unless immigration granted him a section 212(h) waiver.
A Well-Presented Section 212(h) Waiver at the Miami District Office
Attorney Cohen represented him in an application for residency with the USCIS in Miami, requesting that the crime be waived (forgiven for immigration purposes). Client was taking care of his 2 ailing parents, both of whom suffered from chronic medical conditions. Attorney Cohen obtained evidence from experts in support of the case, including detailed letters from the parents’ physicians, and psychological reports on them as well. The documentation demonstrated that the parents were physically and emotionally very dependent on having their son living with them and caring for them. The reports also discussed the negative impact that deportation of the son would have on the parents’ well-being. Attorney Cohen provided evidence of client’s rehabilitation, as well as a detailed brief on the factual and legal issues.
OUTCOME: client was issued a green card, and not deported from the United States .
Attorney Cohen represented a woman in an adjustment of status application (“green card application”) in Broward County, Florida . She was convicted of several shoplifting offenses, making her inadmissible as an alien convicted of a crime involving moral turpitude. The residency application would have been denied, unless a waiver application was granted. USCIS granted the Section 212(h) waiver, based on evidence that her U.S. Citizen daughter would suffer extreme hardship if either separated from her mother, or if they both had to relocate outside of the United States . Attorney Cohen presented detailed affidavits and other evidence documenting the exceptionally close relationship of mother and daughter, along with evidence that the daughter was living with her mother, having fled an abusive relationship. Key evidence was a thorough psychological report of the daughter, documenting her emotional fragility and predicting based on the psychological evaluation, the very likely prospect of extreme psychological hardship to the daughter should her mother be forced to leave the United States . Evidence of the applicant’s remorse and rehabilitation was also submitted. Attorney Cohen highlighted the issues and argued in support of the waiver in a legal brief. Result: 212(h) WAIVER GRANTED and RESIDENCY APPLICATION APPROVED by the USCIS Oakland Park Field Office.