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

Mother of 5 Ordered Deported Held in Immigration Custody over 'Clerical Error'

Rate this Entry
Anya Bondareva, a mother of five children, is currently sitting in a detention center in San Diego over what has been described as a clerical error. She was a conditional lawful permanent resident who inadvertently neglected to timely file a Form I-751 joint petition to remove conditions on her residency. It appears that the I-751 was filed late, and her status was extended for a year to allow for processing despite the late filing. After the expiration of her two-year condition permanent resident status immigration court proceedings were instituted, but the family never received notice of the scheduling of a removal hearing because of a change of address. She was presumably removed by the immigration court in absentia. After presenting herself for inspection after returning to the country from a trip to Mexico she was subsequently taken into custody.

I had to shake my head because at the end of the news story the reporter states that her lawyer Stephanie Alcala said her client will likely be deported. I suggest the attorney research motions to reopen in absentia orders of removal due to lack of notice, or alternatively, contact local Office of Chief Counsel to see if they would be willing to join in an emergency motion to reopen, as the removal of this mother to Russia is simply an unconscionable outcome. Ms. Alcala, if you are reading this please see Kurzban's 14th Edition on page 538 at the bottom for a starting point to your research.

Here is the news story.

Submit "Mother of 5 Ordered Deported Held in Immigration Custody over 'Clerical Error'" to Facebook Submit "Mother of 5 Ordered Deported Held in Immigration Custody over 'Clerical Error'" to Twitter Submit "Mother of 5 Ordered Deported Held in Immigration Custody over 'Clerical Error'" to Google Submit "Mother of 5 Ordered Deported Held in Immigration Custody over 'Clerical Error'" to StumbleUpon Submit "Mother of 5 Ordered Deported Held in Immigration Custody over 'Clerical Error'" to Reddit Submit "Mother of 5 Ordered Deported Held in Immigration Custody over 'Clerical Error'" to Digg Submit "Mother of 5 Ordered Deported Held in Immigration Custody over 'Clerical Error'" to del.icio.us

Updated 02-11-2015 at 02:19 PM by MKolken

Tags: None Add / Edit Tags

Comments

  1. Intecon's Avatar
    The operative considerations are:

    (1) Her husband hired an "immigration consultant" in Los Angeles
    (2) The moved their residence address

    Obviously, the "immigration consultant" did not file a G-28. All he did was file the I-751. After that, all correspondence would have come directly to the applicants at their residence address. They moved. They did not notify USCIS of their change of address.

    Most likely, they received either an RFE or an Appointment Notice on their I-751. Since they had moved, they did not receive these, or any further correspondence from USCIS.

    The I-751 would have been denied. A Notice To Appear (NTA) would have issued. They did not receive it because they had moved their residence and not informed USCIS. The NTA became an Order of Deporation.

    In the meantime, time went by . . . the heart wrenching news story did not report how long. So while the loving couple with more kids than Mother Hubbard, merrily went on their way thinking their Application to Remove Conditions was "pending", even though the one year extension granted on the I-751 Fee Receipt had long expired.

    Moral of the story: NEVER hire an "immigration consultant" . . . always hire, and pay, a reputable and experienced immigration lawyer, who will file a G-28 and keep you informed about all aspects of your case, including what to do when you change your residence address, keeping in mind that even if they had not notified USCIS of their change of address, had they hired an immigration lawyer, with G-28 on file, the lawyer would have received all notices and kept his client informed.

    There was no "clerical error" here. What there was, was someone who to save a buck went to the cheapest source of immigration assistance, an "immigration consultant", rather than hiring a professional.
  2. Intecon's Avatar
    As a follow-up . . . . I agree with Matthew Kolken in his statement, " . . .motions to reopen in absentia orders of removal due to lack of notice, or alternatively, contact local Office of Chief Counsel to see if they would be willing to join in an emergency motion to reopen, as the removal of this mother to Russia is simply an unconscionable outcome."

    But then, a quick check with the State Bar of California will reveal that the immigration lawyer, Stephanie Alcala, with offices in National City, California, near the Mexican border, has been licensed to practice law for less than two years. Further, the State Bar's membership records reveal that Ms. Alcala is a member of the "Family Law" section of the State Bar. Obviously, a divorce lawyer, perhaps now turning immigration lawyer. A dangerous mix? I wonder how many deportation cases Ms. Alcala has handled? Caveat Emptor.
  3. TheScoop's Avatar
    Funny how no one cares to mention that her 5 children have all been in Russia since 2013.
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: