March 20, 2014: A People’s
Republic of China national, with deportation scheduled Tuesday,
was granted an I-246 Motion for Stay on Monday afternoon
because an Immigrations and Customs Enforcement (ICE) Director
cared enough, after Bao Nguyen, Esq., with Margaret W.
Wong and Associates, Co., LPA, had the passion and drive to
get the ICE Director’s attention.
According to attorney
Nguyen: “Our whole firm celebrated. Any granted motion is a
major accomplishment. First, few foreign borns have the
resources to retain an attorney. Second, most top law firms are
exhausted fighting for detainees, and turn down the cases.
Third, respecting most foreign borns’ rights and reviewing the
foreign borns’ cases to determine who is a positive contributor
to the US is too difficult for ICE.
“Over the past ten years,
good cases are getting approved, but difficult cases are not.
The PRC national saw a judge nearly twenty years ago, lost his
request for asylum, lost his appeal, and lost his subsequent
motions to reopen. No matter how hard he works, ICE works
harder: rounding up those whose residencies have not been
approved, and handing the detainees to Enforcement and Removal
Operations (ERO). And ICE ERO’s 2013 total number of removals
was the highest ever.
“Once the deportation
plane’s wheels leave the runway, the client’s case is lost. So,
the moment the PRC national retained us, the clock was ticking.
First I filed a motion. Then I reviewed the case with Ms. Wong,
and she suggested filing the Stay Request and advocating with
ICE for our client.”
“You can’t just file and
hope they get around to you,” Ms. Wong said. “They’ve got a
docket a mile thick, and are so mired in cases, it’s sad. They
deport people to decrease their workload. That’s true
government inefficiency. And people get hurt. These are real
people with real needs and concerns. They’re here for a reason
– it may be their lives are endangered. But ICE ignores that.
“That’s not acceptable and
President Obama and Mr. Jeh Johnson at Homeland Security know
it. They’ve got to fix that. But our client can’t wait. So
after we file, we get in their face. We make them listen. If we
have to, we go all the way to the Director.”
Which is exactly what this
case required. Bao kept calling ICE, and the Director, pleading
our client’s case up to the last moment. Then the Director,
recognizing this case had merit, ordered the Stay. And our
client’s flight was cancelled.
“Our client still has some
ordeals ahead of him,” Bao said. “But he knows we’re right there
with him. Staying the deportation is just the first step. Now
we have to help him navigate the next steps, and get him back to
his American Dream.”
Source: Bao Nguyen, Esq,
Margaret W. Wong & Associates, Co., LPA,
Margaret W. Wong, Esq., President and Managing Partner,
Margaret W. Wong & Associates, Co., LPA.
www.imwong.com ● 216-566-9908
3150 Chester Avenue, Cleveland, Ohio 44118