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Dec 13 - Make Sure You Get It

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December 13, 2010,1213.shtm


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  1. II's Avatar
    I appreciate your attention e useful information! Greeting seasons!
  2. Joshua Spivak's Avatar
    An important Seventh Circuit immigration ruling found that a 15-year U.S. resident was wrongly barred from returning to the country to pursue his application for a Green Card.

    Dr. Sabri Samirah, a political science professor and founder of the United Muslim Americans Association, had applied for permanent residence in the United States when he sought permission from the federal government in 2002 to travel to his native Jordan to visit his sick mother. Dr. Samirah was granted "advance parole" to travel, but the Department of Justice revoked that privilege when he attempted to return the following year, claiming, without explanation, that he was a "security risk." Dr. Samirah was left high and dry: because he had not re-entered the U.S. at the time of the government's decision, he had no opportunity to appeal to an immigration judge.

    Attorneys for SNR Denton and the Heartland Alliance's National Immigrant Justice Center have represented Dr. Samirah pro bono since 2003.

    In an opinion written by Judge Richard Posner, the appellate court in Chicago ruled that when the government rescinds an advance parole, it is obliged to reassign that individual to the same status he/she occupied before receiving advance parole. The court held that Dr. Samirah must be permitted to pursue his Green Card application in the U.S., and criticized the U.S. Attorney General's office for violating its own rules.

    Judge Posner wrote, "The Attorney General can grant advance parole or deny it, as he wishes. He can revoke it at will; he can eliminate advance parole altogether, or change the rules governing it. But having made the rules, whatever they are, he must, until he changes them, play by them."

    SNR Denton attorney Mark Flessner represented Dr. Samirah.

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