Immigration Clinic Students Win in Immigration Court
The Immigration Clinic won another victory in Immigration Court. Under the direction of Professor James Smith, law students Genevieve Kramer '06, Jonathan Elson '06, and Fermin Villegas '06 worked for cancellation of removal of a husband and wife who had three US citizen children, an exemplary work record and strong community ties.
The case was complicated in that the clients had gone to an immigration consultant for assistance in applying for lawful permanent resident status. Without the clients' knowledge, the immigration consultant filed on their behalf asylum applications instead. When the clients went to an interview, believing they were being processed for lawful permanent resident status, they were instead referred to removal proceedings where they were told that they had applied for asylum and were not eligible.
At this point, the clients came to the UC Davis Immigration Clinic seeking assistance with their application for cancellation of removal. The Clinic represented the husband and wife before the Immigration Judge in San Francisco. The Immigration Judge granted the husband cancellation of removal but denied the wife, claiming that two border patrol apprehensions she had in 1992 interrupted her continuous physical presence in the United States.
The Immigration Clinic appealed the denial of the wife's cancellation. The Board of Immigration Appeals agreed with the Clinic's arguments that the border patrol apprehensions did not interrupt the continuous physical presence requirement under our client's circumstances and ordered the case to be remanded to the Immigration Judge. Without further testimony, the Immigration Judge granted the wife cancellation of removal on January 24, 2006. Professor Smith and Fermin Villegas accompanied the client to Immigration Court where the Judge granted, in addition to her cancellation of removal, lawful permanent resident status.
The case was complicated in that the clients had gone to an immigration consultant for assistance in applying for lawful permanent resident status. Without the clients' knowledge, the immigration consultant filed on their behalf asylum applications instead. When the clients went to an interview, believing they were being processed for lawful permanent resident status, they were instead referred to removal proceedings where they were told that they had applied for asylum and were not eligible.
At this point, the clients came to the UC Davis Immigration Clinic seeking assistance with their application for cancellation of removal. The Clinic represented the husband and wife before the Immigration Judge in San Francisco. The Immigration Judge granted the husband cancellation of removal but denied the wife, claiming that two border patrol apprehensions she had in 1992 interrupted her continuous physical presence in the United States.
The Immigration Clinic appealed the denial of the wife's cancellation. The Board of Immigration Appeals agreed with the Clinic's arguments that the border patrol apprehensions did not interrupt the continuous physical presence requirement under our client's circumstances and ordered the case to be remanded to the Immigration Judge. Without further testimony, the Immigration Judge granted the wife cancellation of removal on January 24, 2006. Professor Smith and Fermin Villegas accompanied the client to Immigration Court where the Judge granted, in addition to her cancellation of removal, lawful permanent resident status.