R.V. is a thirty year old married man and father of five children originally from Mexico. He was detained on three occasions by ICE at Eloy, Florence and Tucson, Arizona, due to his undocumented status and his extensive criminal history. The Law Office of Anthony Pelino, PLLC, rapidly secured his release from custody on all three occasions despite concerns by ICE over whether Respondent was a danger to the community and a flight risk. The office successfully represented RV before the Immigration Court at Tucson, Arizona, in obtaining lawful permanent residence through his U.S. Citizen wife and obtaining a Section 212(h) waiver by presenting expert psychological testimony demonstrating the extreme hardship the client’s wife and children would suffer if he were removed from the U.S.
K.S. – Detained Individual, Motion to Reopen Removal Proceedings, Release from Detention, Asylum Grant, Representation (Defense) before the Board of Immigration Appeals, Remand to the Immigration Court
K.S. is a thirty-seven year old man from Haiti who initially filed his asylum application on his own with the Asylum Office, prior to seeking legal assistance from the Law Office of Anthony Pelino, PLLC. One day, subsequent to his asylum interview, K.S. was detained by ICE at his home. He was informed by ICE officials that he had failed to appear at his removal hearing and had an outstanding order of removal. He was then transferred to the Eloy Detention Center. At that point K.S. retained the services of the Law Office of Anthony Pelino, PLLC. Mr. Pelino immediately filed a Motion to Reopen Removal Proceedings which was granted and then secured K.S.’s release from custody after advocating with the Office of Chief Counsel at Eloy Detention Center. Mr. Pelino then obtained a change of venue to the Executive Office for Immigration Review in Phoenix where he successfully represented K.S. in his asylum case. With the assistance of an expert witness from Oregon, Mr. Pelino won asylum for K.S. The Department of Homeland Security then appealed the case to the Board of Immigration Appeals where Mr. Pelino successfully represented K.S. again and obtained a remand of the case to the Immigration Court. The office is representing K.S. in applying to bring his wife and children to the U.S. K.S. is now seeking lawful permanent resident status.
R.M. – Detained Individual, Pre-Plea Advice, Release from Detention on Bond, Matter Pending before the Phoenix Executive Office for Immigration Review
R.M. was arrested and had criminal felony charges brought against him in Maricopa County, Arizona, for criminal impersonation for allegedly using a fake social security card. R.M. was incarcerated while his criminal proceedings were pending and ICE placed a “hold” or “detainer” on him. Mr. Pelino was retained to provide pre-plea advice in order to minimize the immigration consequences of RM’s impending conviction. Mr. Pelino advised the public defender office as to strategies and the different dispositions that would enable R.M. to be bond eligible before the Immigration Court and that would have the smallest consequence on R.M.’s immigration status. R.M. then plead, was convicted and served his criminal sentence. He was then detained in Eloy Detention Center, Arizona. Mr. Pelino successfully obtained a bond for RM before the Eloy Immigration Court and is now representing him before the Executive Office for Immigration Review (Immigration Court) at Phoenix, Arizona.
R.G. – Detained Individual, Defensive Asylum Filing, One-Year Deadline Issue, Asylum Grant
R.G. is an HIV+ gay man from Mexico who was detained at the Eloy Detention Center due to his criminal history and undocumented status. He requested a bond on his own but was denied. R.G. then retained the services of Anthony Pelino, who filed an asylum application on his behalf with the Immigration Court based on his client’s sexual orientation and health status. Despite the fact that R.G. had known he was gay his whole life and had been aware of his HIV diagnosis for many years, Mr. Pelino successfully convinced the Immigration Court that R.G. qualified for an exception to the one year deadline and that his client was statutorily eligible for asylum. With assistance of an expert witness on country conditions in Mexico who is a professor at a California university, R.G. was granted asylum by the Immigration Court and the Department of Homeland Security waived appeal. R.G. now happily resides in California.