Ninth Circuit Granted Our Motion for Stay
On March 13, 2009 The Ninth Circuit granted our motion for stay of removal pending litigation in a highly contested appeal with respect to our client Jorge Rodriguez-Sanchez (9th Cir. Case No.: 08-74344). Ninth Circuit Judge B. Fletcher and Reinhardt agreed with our position that our client has satisfied the Abbasi v. INS, 143 F.3d 513, 514 (1998) standards. The certified administrative record has been filed. Our opening brief is due on June 15, 2009 and the U.S. Government's answering brief is due on August 14, 2009. We will update this page upon 9th Circuit's decision with respect to our appeal.
Immigration Judge Jack W. Staton Granted Cancellation
On March 15, 2009, in another highly contested matter with respect to our client Gabriel Valenzuela Guerra, Immigration Judge Jack W. Staton carefully reviewed our 9th circuit appeal victory and on remand granted our client cancellation, despite the U.S. Department of Homeland Security's intention to produce plea transcript to prove that our client was convicted of aggravated felony. Our firm argued and successfully suppressed Government's intent to introduce post-trial, preexisting evidence upon our outstanding and flawless brief submitted on March 2, 2009.
Attorney Berc Agopoglu Is Recognized in Turkish Media
The Influential Turkish Magazine, "MAG" placed an interview with Attorney of Berc Agopoglu in its latest issue:
http://www.magdergi.com/index.php?option=com_content&task=view&id=395&Itemid=181
Federal Judge Margaret M. Marrow Dismissed Client’s Criminal Case:
In the matter of United States of America v. Vasquez-Perez, on June 4, 2008 Federal Judge Margaret M. Marrow (Central District—Los Angeles) dismissed all charges against our client for Illegal Alien Found in the United States after Deportation. Our client was first represented by a public defender and first agreed to take 37 months in state prison. However, client’s family hired our offices and we successfully have the case dismissed based on a technicality of law. We presented the defect in the case (limitations) and U.S. Attorney agreed and moved to dismiss the case and the Judge granted it. We would like to thank both the Judge and the U.S. Attorney Mr. Brock H. Lunsford for their excellent sense of justice in this case.
February 5, 2008: The Agopoglu Law Firm Successfully Wins the Mandamus Action Against the U.S. Government as Client is Scheduled to be Sworn in for Her Citizenship Oath Ceremony
The Agopoglu Law Firm once again succeeds in winning another Mandamus Action against the Federal Government as our Client is scheduled for her oath ceremony in Los Angeles, California on February 21, 2008. We would like to thank U.S. Attorney Kevin B. Finn in resolving this matter as he agreed to grant our client citizenship and communicate that order to the USCIS. We understand that sometimes government can be overwhelmed by security checks, but applications are getting delayed for a very unreasonably long time. Please be reminded that Mandamus Action is used to request adjudication of a delayed immigration petition. Said Mandamus Action was filed on November 9, 2007.
Mandamus Action Filed Against the U.S. Government and its Related Entities
The Agopoglu Law Firm filed a mandamus action in the United States District Court, for the Central District of California asking U.S. Federal Judge to either grant our client's naturalization application or order the U.S.C.I.S. finalize her application. Our client filed for naturalization to become a U.S. Citizen and passed her interview in 2003. Since then, she has been waiting for U.S.C.I.S. to grant her application. Based on this unreasonably extreme delay our client hired our offices couple of months ago so that we ask for the issuance of a writ against the U.S.C.I.S. to finalize this application. It is not uncommon for adjustment and naturalization applications to get stalled due to "FBI name check." In the event the delay is extreme and you have exhausted all alternate remedies, you have no choice but to file for mandamus action. For more information please contact us. Please click here to view the coversheet of the complaint.
Attorney Berc Agopoglu Wins His Appeal at the Ninth Circuit
(Docket No.: 04-72893; Gabriel Guerra-Valenzuela v. Alberto R. Gonzales)
U.S. Court of Appeals for the Ninth Circuit ruled in favor of our appeal and once again Berc Agopoglu made history regarding federal law. The Court agreed with our position with respect to drug convictions and removal proceedings. Our Client was convicted of a drug charge, but his conviction documents did not specify the name of the controlled substance. We argued that if the Immigration Judge cannot conclude affirmatively from court documents the name of the controlled substance, he or she cannot guess that the controlled substance involved is prohibited under federal law. Consequently, the charges against our client for committing aggravated felony cannot be proven and therefore he is now entitled for cancellation of removal. Accordingly, the case is remanded and our client will be approved for further processing wherein he will remain in the United States.
Newsflash! New Green Card Filings for Employment Based Applications, July 23, 2007
USCIS announced that they are now and once again (!) accepting employment based green card applications depending on the visa availability. For the visa availability bulletin please visit http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html. All first three employment based categories are current (until further notice of course.) Please file by July 29, 2007 so that you don't pay the new hefty fees. You can apply as late as August 17, 2007.
For more information please visit: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf So once again lawyers are left with hefty applications waiting to be organized by July 29, 2007 the latest so that clients avoid paying the new fees. Everyone please be patient and everything will be OK.
Highly Anticipated Immigration Bill Not Passed by the Senate:
On June 28, 2007 the U.S. Senate fell 14 votes short of the 60 needed to limit debate and clear the way for final passage of the legislation. The amnesty bill for immigrants once again got blocked due to political reasons. Experts agree that new immigration bill may not be passed until after the 2008 presidential elections. A similar attempt by Congress failed last year as well and the House has not bothered with an immigration bill this year awaiting Senate action. The new bill would have granted illegal aliens permanent residency based on presence in the U.S. and credible employment. Bush is an immigrant lover, but his Republican Conservative friends oppose amnesty as Republican voters fiercely object illegal immigrants becoming legal.
Special The Agopoglu Law Firm Comment: Since immigration laws have not been updated for a long time, we no longer really need an amnesty, since there is already an existing amnesty application under the cancellation of removal category for illegal residents who have been staying in this country for more than 10 years and their removal from the U.S. would cause extreme hardship to their U.S. Citizen Spouses or Children.
Attorney Berc Agopoglu Will Argue In Front of the Ninth Circuit Panel:
Berc Agopoglu will argue technical issue with respect to drug convictions to the Ninth Circuit Court of Appeals panel on July 12, 2007. It is our contention that unspecified controlled substances in criminal aliens’ conviction documents are insufficient cause for them to be deported since there is no Federal analogue. The conviction documents must specifically state the controlled substance in question (methamphetamine, cocaine, etc.). You will be updated of the results.
New Application and Petition Fees Go Into Effect July 30, 2007
USCIS reminds its customers that the agency's new fee schedule is effective on July 30, 2007. Applications or petitions postmarked or otherwise filed on or after that date must include the new fee. (Quote from USCIS).
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