Alien saved from deportation because of consultants’ misconduct

In a recent unpublished decision, the Ninth Circuit Court of Appeals (which is one court below the US Supreme Court) ruled that an alien should have his deportation proceedings reopened because he was misled by immigration consultants.

In that case, the alien had been ordered deported by an Immigration Judge and later tried to have his case reopened. He claimed that "he was misled by two immigration consultants". According to the alien, the first immigration consultant told the alien that the consultant would file "something" (without telling him what was being filed), even though the filing deadline had past. Another immigration consultant, who held himself out as an attorney, promised that he would handle the case, but actually did nothing for the alien.

Both the Immigration Judge and the Board of Immigration Appeals (BIA) denied his motion to reopen. However, the Ninth Circuit ruled that the BIA "abused its discretion by failing to consider [the alien’s] claims concerning the alleged misconduct of his immigration consultants". Accordingly, the Ninth Circuit remanded (sent back) the case to the BIA in order that the alien could have his "day in court" concerning the harm done to him by these consultants.

I know that there have been so many other aliens who entrusted their lives (and life-savings) in the hands of immigration consultant who likewise did nothing or messed up their cases, resulting in the alien being ordered deported. Sometimes, immigration consultants file applications for which the alien was clearly not entitled (i.e. political asylum, CSS-LULAC, petitions by phantom or ghost spouses, etc). The alien may have had no idea what forms he was signing, or what was being filed for him, (if anything was, in fact, filed). Later, when the alien finds a legitimate way to legalize his status, (i.e. through a real marriage or employer’s petition), there is a deportation order hanging over his head.

This Ninth Circuit case is important because the alien was the victim of immigration consultants’ misconduct. In such cases, it could be possible that the case could be reopened, and the alien could apply for the legitimate benefits. In addition, although this case is "unpublished," new rules allow aliens, in certain situations, to cite (or rely on) unpublished decisions issued after January 2007.

If you were the victim of immigrations consultants’ fraud or misconduct, I would urge you to seek the advice of a reputable attorney, who can evaluate your situation, and perhaps "breathe new life" into your case and help achieve your "American Dream".

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