GreeneFitzgerald Advocates

Immigration Litigation Defense
 

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DEPORTATION/REMOVAL
Individuals who have remained in the United States longer than their visas allow, those who entered the US without permission, and those who have green cards, but violate immigration law, can be placed into removal proceedings and deported.
 
DETAINED DOCKET-
 
individuals placed into removal proceedings can be held in the custody of the Department of Homeland Security (Immigration and Customs Enforcement- ICE) until the conclusion of their proceedings if they are found to be ineligible for release on bond or unable to pay the bond amount that has been set.
 
UNDETAINED DOCKET- 
 
Individuals placed into removal proceedings who remain free of immigration detention while their cases are being decided by the Executive Office For Immigration Review or federal courts.
 
Immigration Litigation
INTRODUCTION
 
What is "Immigration Litigation"? Immigration Litigation is the process where the attorneys representing the non-citizen and the attorneys representing the government meet before trial and appellate immigration courts to address the government's allegation that a violation of the Immigration and Nationality Act has occurred as well as its charge that the law requires the non-citizen's removal from the United States.  For purposes of immigration proceedings, mandated departure from the US by order of the immigration authorities is now called "Removal" instead of "Deportation".   If a violation of immigration law is found, the parties then address whether there is any available program that will permit the client to remain in the United States even though a violation of the immigration law has been found.  Programs that permit individuals to remain in the US after violating an immigration law are called "Relief" programs.  Relief programs include: Cancellation of Removal, Asylum, Adjustment Of Status, Temporary Protected Status (TPS), etc.  Voluntary Departure is also and permits an client to agree to depart the US, at his or her own expense, thereby avoiing issuance of a removal ordern against the client.  This permits the client to maintain a "clean" immigration record which can be helpful if the person wants to return to the United States  with a visa at a later date.
 
OUR APPROACH
 
Clients are encouraged to take an active role in their litigation at all stages of the legal proceedings so that they can gain a better understanding of what's happening in their immigration proceedings and better appreciate the outcomes that are possible for them.  We believe that this will help them to determine their litigation stauration point.  Some clients have a very high tolerance for litigation and others do not, but in either case, clients must be clear on whether the goal they are trying to attain is possible given their personal willingness to particiapte in an extended litigation process if that is what will be required to give them the best change to reach their goal.  Once a client is clear on what their litigation saturation point we are in the best position to guide them through the litigation process.
 
In our experience, those clients with high litigation saturation points tend to have the best likelihood for successful resolution of their immigration matters as agency policy limits the extent to which immigration judges can exercize independent judgment in rendering removal decisions. Also, immigration judges are often prohibited from exercizing discretion in how a matter is resolved.  In such cases, federal court review of the agency's removal decision might be the first and only real opportunity available to obtain the relief the client seeks.  The path to federal court requires the investment of both time and financial resources.    It is for this reason that we ask clients at the beginning of the representation to give careful thought to all available litigation options, including federal court reveiw.
 
 
FEDERAL IMMIGRATION COURTS
 
Administrative courts/tribunals tasked with the authority to determine whether a non-citizen has violated an immigration law and whether the individual is eligible to remain in the US.  The Executive Office For Immigration Review is the agency that oversees the conduct of proceedings before the immigration courts and the Board Of Immigration Appeals.
Fighting for You

Advanced Advocacy & Dynamic Strategies For Optimal Outcomes

Areas of Practice

We provide Nationwide Representation in all areas of Immigration Litigation
 
                                                                                                                     
 
 
Areas Of Practice:
 
  • Criminal Immigration Defense/Termination of Proceedings
  • Asylum, Withholding, Protection Under the C.A.T.
  • Cancellation Of Removal
  • Adjustment of Status
  • Voluntary Departure
  • Bond Proceedings
  • Humanitarian Parole
  • Motions To Reconsider/Motions To Reopen
  • Administrative and Federal Immigration Appeals
 
 
We represent non-citizens in both detained and non-detained proceedings.
 
We have significant experience in the litigation of complex impact immigration defense matters before tribunals that fall within the jurisdiction of the Executive Office For Immigration Review as well as Federal District, Circuit and US Supreme Courts.
 
Our office has attained successful outcomes for many of  the foreign nationals we have represented in immigration proceedings and appeals, including multiple favorable court decisions designated as PRECIDENTIAL by the Board of Immigration Appeals, the US Courts of Appeals for the Second and Third Circuits as well as Federal District Courts in matters ranging from Asylum, Aggravated Felony challenges and Bond.  
 
Our office has steadfastly represented many non-citizens who have been subjected to aggressive agency practices leading to the abuse of their right to due process and/or wrongful deportation and has assisted them in their return to the United States or their receipt of other forms of redress.
 
We adopt a lawyer/client team approach and invite active client participation in all aspects of the litigation process
 
HOURS:
 
Monday - Thursday: 9:00am - 5:00pm
Friday: 10am - 2pm
Weekend and Evening Hours Available Upon Request
 
 

The idea of appearing before a court can be a frightening and daunting prospect, especially for foreign nationals who may not be fluent in English or who may not have had any experience with courts and legal matters in their home countries.  We strive to assist you in becoming comfortable with the immigration court process so that you can assist us in making the best possible presentation of your claim to the court that will hear your case.
 
About GreeneFitzgerald Advocates-
 
With a nearly 20 year history, the primary focus of our office is Immigration Litigation. We understand that the process of awaiting a decision in a family member's deportation case can be emotionally draining,  especially if the person is in immigration detention.  Keeping this in mind, we will provide you with clear, empathetic and simple advice so that you can fully understand all the options that are available to avoid the deportation of your family member,  to the extent that this is possible.  This approach best allows the client and family members to make considered decisions about how to proceed and feel comfortable with the litigation path that has been selected.  We have also found that even in those cases in which deportation is the unfortunate outcome, the family and the client are more comfortable accepting that reality when they have an understanding about the processs leading up to the deportation decision.
ADVANCED ADVOCACY

Not Afraid To Fight To Protect Your Rights

Our History
 
Cases in which clients must defend against aggravated felony charges that have been flied against them are among the most difficult immigration cases to litigate.  We have had a certain degree of success in challenging aggravated felony determinations, specifically drug trafficking aggravated felony determinations: Steele v. Blackman, 236 F.3d 130 (3d Cir. 2001)
                   http://www2.ca3.uscourts.gov/opinarch/003116.pdf
                 
                            Gerbier v. Holmes, 280 F.3d 297 (3d Cir. 2002); and                    
                http://caselaw.findlaw.com/us-3rd-circuit/1019045.html
 
                             Thomas v. Attorney General, 625 F.3d 134 (3d Cir. 2010),
                http://caselaw.findlaw.com/us-3rd-circuit/1542505.html                               
                         Dulal-Whiteway v. DHS, 501 F.3d 116 (2nd Cir. 2007) 
                 http://caselaw.findlaw.com/us-2nd-circuit/1020426.html               
               
                     Vakker v. Attorney General, 519 F.3d 143 (3d Cir. 2008)
                 http://caselaw.findlaw.com/us-3rd-circuit/1489796.html
 
We have also had success in challenging adverse bond determinations
                              Matter of Joseph, 22 I&N Dec. 799 (BIA 1999)
      http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3398.pdf
                               Thomas v. Hogan (Middle District of Pa 2008), and
                      https://casetext.com/case/thomas-v-hogan-2
 
Human Rights/Asylum Claims litigated by our office include:
                  Sackie v. Ashcroft, 270 F.Supp. 2d 596 (ED Pa 2003)
        http://www.leagle.com/decision/2003866270FSupp2d596_1803
                     Amanfi v. Ashcroft, 328 F.3d 719 (3d Cir. 2003)
                http://www2.ca3.uscourts.gov/opinarch/014477p.pdf
 
In addition, we have represented non-citizens who faced persecution/torture in their home countries in other significant matters, including: Haitian natives suffering from mental health disorders; homosexual males from Jamaica and Iran;  transgendered and lesbian individuals from Mexico and Honduras; European Roma; women subjected to gender violence; as well as Coptic Christians from Egypt and Iraq.
 
(*All cases are unique and past success does not guarantee similar future outcomes. Nothing written on these pages constitutes a legal advice or a contract for legal representation.  We engage no representation without an initial personal consultation and document review.)
 
 

 Estabished in 1994, GreeneFitzgerald
Advocates & Consultants continues to provide empathetic, yet aggressive
representation to our clients.

Our practice began due to an interest in human rights advocacy, initially through the representation of Haitan nationals in the 1990s in their proceedings before the Asylum Office and subsequently, the immigration court and the Board of Immigration Appeals.  Since that time, our practice areas have expanded to include all areas of immigration litigation as well as Federal Court appellate litigation.  
 
Though our office is located in Pennsylvania, we have represented non-citizens in immigration matters throughout the United States.
 
 
 

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GreeneFitzgerald Advocates & Consultants
Address:  2575 Eastern Boulevard, Suite 208,
York, PA 17402
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"Sometimes the law defends abuse and participates in it." - Bastiat
As Advocates, we protect the rights of those abused by the hand of the Law.

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