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 escaped hereditary slavery in an African country applied for asylum in the United States. Attorney Cohen represented him in front of the Immigration Court in New York. In support of his client’s case, Attorney Cohen presented expert medical, psychological, and country condition testimony. The Immigration Court granted client asylum in the United States. The government did not appeal. Afterwards Attorney Cohen successfully obtained permanent residence for client.
Cancellation of Removal granted to Client from Central America based on Child’s Developmental Deficits
The Department of Homeland Security attempted to deport a man from Central America who had been residing in the United States over a decade after having entered the United States without inspection. Attorney Cohen successfully litigated his case in front of the Miami Immigration Court, presenting expert medical and psychological evidence relating to client’s U.S. Citizen child’s developmental deficits and behavioral problems. After hearing the evidence the Immigration Judge granted client permanent resident status under a section of the Immigration and Nationality Act called “cancellation of removal.” The Immigration Judge found that Attorney Cohen had established that his client’s child would suffer exceptional and extremely unusual hardship were his father to be deported from the United States. DHS did not appeal the decision.
The Immigration and Nationality Act provides for special exemptions for the physically and mentally impaired who are applying for naturalization to U.S. Citizenship. Attorney Cohen successfully marshaled medical evidence in support of a Form N-648 disability exemption for a client suffering from severe physical and mental impairments. Attorney Cohen coordinated with the local USCIS office to ensure that the case was handled correctly. As a result client was naturalized to U.S. Citizen at a bedside ceremony in her home, accompanied by her family. As a result of her naturalization to U.S. Citizen, client was able to have greater access to healthcare and associated services.