Erin Hernandez '08 Wins Immigration Appeal

Erin Hernandez '08 was successful at the Board of Immigration Appeals on Monday, November 10.  The client is a stateless person from the former Yugoslavia, but born in Germany where citizenship is not conferred by birth in a country.  The client entered the United States as a refugee but eventually was convicted of forgery due to withdrawing $100 from his father's checking account without explicit authorization.  The father did not press charges, but the Bank pursued the prosecution.  The client was found guilty of forgery. 

The client was processed for removal, but the Immigration Judge found he was ineligible for a 209(c) waiver because his conviction effectively terminated his refugee status.  The judge then went on to deny our client, who was appearing in pro se asylum, withholding and relief under Article 3 of the Convention Against Torture, after only six questions about his fears.  Erin successfully argued that the Immigration Judge had mistakenly terminated refugee status, which unlike asylum cannot be terminated due to criminal convictions, and that the Immigration Judge violated his duty to a pro se Respondent by failing to scrupulously develop the record in his asylum hearing.