Tag Archive motion to terminate

ByPhillip Kim

Deportation Terminated under New Case Law of 9th Circuit Court

Immigration Law has been changing- sometimes with a huge media coverage but more often, without much coverage because of the new changes’ limited application.

For example, when DACA and DAPA were announced, almost every single media channel has reported on those new laws. There have been, however, many more changes in immigration law mostly made by courts’ rulings. Those new laws apply to the cases that meet the specific situations required by those courts.

The 9th Circuit Court recently made a ruling in Lopez-Valencia v. Lynch, No. 12-73210 (9th Cir. Aug. 17, 2015).

One of Attorney Phillip Kim’s clients was waiting for her first court hearing in September 2015. The DHS was trying to deport her under the previous laws, which made her deportable.

One month before her Court Hearing, the 9th Circuit released a new case law. Attorney Phillip Kim filed a Motion To Terminate citing the new 9th Circuit case law among others such as Fregozo v. Holder, Descamps (by US Supreme Court), Lopez-Valencia (by US Supreme Court).

A few days before her first Court Hearing, the Judge from Immigration Court terminated her Deportation Proceedings.

Moreover, Attorney Phillip Kim contacted DHS ICE Chief Counsel’s office. The ICE Prosecuting Attorney agreed to return the Client’s Green Card because the Judge terminated proceedings.

Very fortunately and dramatically right before the first Court Hearing, the Client was able to receive her Green Card. She did not even have to appear in court.

Many of you have been waiting for an opportunity to get your case approved. Be hopeful and patient because Immigration Laws are changing in favor of immigrants.