Choose Your Representative Wisely

IMMIGRATION – ASYLUM APPEAL
Recently I appeared before the Ninth Circuit for oral argument on a immigration appeal where my client was originally granted asylum, but the case was reopened on a motion by the government and subsequently the trial court found he had filed a frivolous asylum application but still granted him withholding of removal. After appeals by both my client and the government, the Board of Immigration Appeals affirmed the frivolous asylum filing but overturned the withholding of removal grant, which led us to the Ninth Circuit. Right now it is uncertain how the Ninth Circuit will rule. But the main lessons from this case? Use a competent immigration attorney to prepare your immigration documents and know what is in your document before you sign it.

In the situation above, the problem was that when my client first decided to apply for asylum, he didn’t know anyone, so he was referred to a “service” that helped prepare asylum applications. My client provided a statement, but the company decided to alter it and then told him he had to abide by the altered statement or else. My client, a new immigrant, was terrified and didn’t know to whom to turn, and thus, from fear, did what he was told to do.

In the end, the principals of that “service” went to jail for a some years, and my client…faces a lifetime ban on living in the United States with his U.S. citizen wife and U.S. born child. All this because he relied on a “service” that skirted the laws and didn’t really care about the effects on those it was supposedly there to help.

And that is why for any immigration issues you need to use a competent immigration attorney. The attorney has his own license and reputation to worry about. Because of that he is going to honest and open with you and do what is necessary for your case, without putting you in a position where they can lose everything, as happened in this.

In the end the victim of persecution has become a victim of those who are supposed to be helping him, possibly preventing him from even finding any legal alternative to obtaining lawful status in the United States.

在第九巡回法庭展开一场关于移民诉讼的辩论，我的一名客户原本获得了庇护，但政府和预审法庭后来发现他填写的庇护申请过于草率时请求重新审理案件，但依然给予了暂缓递解。后来客户和政府进行了多轮申诉。移民委员会上诉证实了草率庇护，取消了暂缓递解。因此我们只能寻求第九巡回法庭。现在不确定第九巡回法庭会如何判定。但我们可以从这个案件中认识到，找一个有能力的移民律师来帮助准备你的移民文件，让你在签下这些文件前知道这些文件是干什么的。

在上面的情况中，问题出在当客户决定申请庇护时，他不认识任何人可以估这件事，因此他找了一个可以帮助他准备庇护申请的服务机构。客户提供材料，但这家服务公司决定篡改材料，然后告诉他必须承受篡改文件的后果。我的客户是一名新移民，听到这些就吓坏了，也不知道可以向谁寻求帮助，别人叫他做什么他就做什么。

最后，这家服务机构的负责人坐牢去了，同时我的客户面临着在美国终身监禁，他和他的美国妻子已经生了孩子。所有这些都是因为他找到的这家服务机构在跟法律打擦边球，而且不真的关心那些可能会产生什么后果。

这就是为什么任何移民都应该找一个有能力的移民律师。并且应该关心律师是否有自己的执照和声誉。因这样的律师才会诚实做事，全力帮助你做你关心的事，不会将你置于他们可能会失败的情况中。

最后这名受迫害的人已经成了他曾寻求帮助的人的受害者，可能阻碍他在美国寻求法律途径获得合法身份。