Immigrant succeeds on civil rights claim

A Nashville woman will receive a substantial settlement after being shackled to her hospital bed while giving birth.

Nobody likes a traffic ticket.
Photo credit @woodleywonderworks on Flickr; used under Creative Commons license.

Ms. Juana Villegas was taken into custody during a 2008 traffic stop. As part of an agreement between Tennessee law enforcement officials and federal immigration enforcement, local police had the power to detain people whose immigration status was in question. At the time, Ms. Villegas was nine months pregnant. She went into labor during her six-day stay in immigration detention. While she gave birth, she was kept in handcuffs and leg chains. After she delivered her child, she was denied the use of a breast pump, which caused an infection.

Ms. Villegas filed suit to protest this treatment. A federal judge ruled in 2011 that the jail officials had shown "deliberate indifference" to Ms. Villegas' medical needs. In an unusual step, the judge also recommended that Ms. Villegas be given immigration status, under a visa type for crime victims. Appeals ensued, but the city settled with Ms. Villegas to avoid further litigation.

Ms. Villegas' case has clarified rights for immigration detainees, and also opened a new possible route to legal status for people whose civil rights have been violated.

If someone you know is in immigration detention, or if you have questions about which visas you might be eligible for, please contact us to see if we are able to help.
 

Asylum Changes May Come With Immigration Reform

Immigration reform may affect not only people in this country without documents and skilled technical workers, but also people seeking to escape persecution in their home countries. Congress is considering several changes to the law of asylum.

Right now, people who want to apply for asylum status must submit their applications within one year of entering the United States, or else their applications may be denied. This deadline for applications causes trouble for many asylum seekers. The current version of the Senate bill, which was recently approved in committee, would end that deadline. It could also give a second chance to people whose applications have been denied because they did not file their applications on time.

Another provision would take away a grant of asylum from anyone who returns to their home country without a good reason for doing so. Because the Boston bombing suspect Tamerlan Tsarnaev visited Dagestan after receiving asylum in the United States, authorities are worried about visits to conflict-prone areas. However, this could cause lots of trouble for people who return to their home countries, even at great risk to themselves, to visit family or dying relatives.

The Senate bill may also increase asylum officers' power to resolve disputes, and impose stricter checks and security measures on people seeking asylum.

To read more, click here. If you are considering applying for asylum, contact Glickman Turley for information on how we may be able to help.

Cancellation of Removal of Non-LPR (Non Lawful Permanent Residents) and Abused Immigrants

Glickman Turley LLP attorneys recently won two applications for cancellation of removal of non-LPR residents pursuant to INA Sec. 240A(b).

In one case, our attorneys demonstrated that our client’s young U.S. citizen children would suffer “exceptional and extremely unusual” hardship if their father were deported back to his native Portugal. The client’s sons were pre-school children who suffered medical issues at birth that continued throughout their lives. The children currently suffered from asthma and learning disabilities.

In another recent case, our attorneys represented a woman who had suffered decades of abuse at the hands of her father. Because he was a U.S. citizen, she qualified for special-rule cancellation, which provides green cards to victims of domestic violence from U.S. citizen and LPR spouses, parents and children. The applicant needs to have lived in the U.S. for three years.

Special-rule cancellation of removal provides relief to abused immigrants in ways not available through affirmative VAWA self-petitions to USCIS. In cases of special-rule cancellation for children of abusive LPR parents, cancellation immediately grants LPR status, as compared to VAWA self-petitions that require the LPR children to wait for green cards pursuant to LPR children priority-date waitlists.

In cases of special-rule cancellation of removal for abused spouses, the applicant’s marriage to the abuser could have ended more than two years prior to the application for relief. This is an important distinction from VAWA self-petitions where the self-petition must be filed within two years of the divorce.

If you are an immigrant in deporation / removal proceedings, our attorneys can review your record and help you understand whether you are eligible for any relief including cancellation of removal.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.