ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Matthew Kolken on Deportation And Removal

Immigration Court Victory after Third Trial

Rate this Entry

My firm just had an interesting immigration court victory that I thought I would share.  The case was handled by my Partner, and father, Robert D. Kolken.

Our client is a Canadian businessman. Twenty-five years ago
when he was 18, he was convicted of a minor crime in Canada,
notwithstanding the fact that the crime was actually committed by his
friend and was reported to the police by our client. His sentence was a
small fine.

U.S. Customs and Border Protection claimed that the conviction was a
crime involving moral turpitude which barred him from the United States.
At this point we were hired to represent the client.


U.S. Customs and Border Protection would not change their position,
despite our attempts to convince them otherwise. We then had an
Immigration Court proceeding instituted in order to have an Immigration
Judge decide whether the client was admissible. We tried the case and
won. However, the Government appealed.




The Board of Immigration Appeals sustained the Government's appeal and
remanded the case with specific instructions. We tried the case a
second time. Because of the instructions of the Board of Immigration
Appeals, the Immigration Judge was required to rule in favor of the
Government. This time we appealed.


On appeal, the Board of Immigration Appeals reconsidered their
earlier decision and remanded the case for a third trial without the
instructions. The third time around we were again successful and the
proceeding was terminated in our client's favor. We are hopeful that
the Government will not appeal a second time.


The moral of the story is that if you are right and the Government is
wrong, you are able to obtain an appropriate disposition under our
system of justice.

Submit "Immigration Court Victory after Third Trial" to Facebook Submit "Immigration Court Victory after Third Trial" to Twitter Submit "Immigration Court Victory after Third Trial" to Google Submit "Immigration Court Victory after Third Trial" to StumbleUpon Submit "Immigration Court Victory after Third Trial" to Reddit Submit "Immigration Court Victory after Third Trial" to Digg Submit "Immigration Court Victory after Third Trial" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. Sy Rosenberg's Avatar
    AT WHAT TIME AND EXPENSE!
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: