Great News! My latest success story is a victory for his country, and for those who think that LPRs should not be arrested and kicked out for missing an interview.
My client is a native of Nicaragua, who has been married to his wife for more than seven years. they have four USC kids together, and she is the one who petitioned for him to get permanent residence in the first place. But — when the couple failed to appear for their interview for removal of conditions, he was put in deportation proceedings and ordered deported.
Nevermind that the address they sent his notices to was NOT the address he specified as his mailing address on his petition to remove conditions (a cautious man, he wanted to make sure he got his notices, so he got a P.O. Box expressly for that purpose).
Nevermind that the ISO did not notice the mistake when my client failed to show for his interview. Nevermind that the Judge failed to notice that when he ordered my client deported. Nevermind that my client was nearly deported to the wrong country and he has been physically abused the entire month he has been at Krome –and that my client is deaf and they cannot communicate with him at Krome — this story will have a happy ending.
But, for the love of God! ISOs — if you have an alien miss an appointment, call the number on the petition! Check the address on the mailing, and make sure it went to the right place! Judges, do not be so quick to believe the government when they state that they sent a notice to the correct address. Check it out for yourself!
Incredibly annoying that they don’t know where my client is for his 751 interview. They don’t know where he is for his court hearing. But they do know exactly where he is when they want to arrest him.
We are better than this, America!
A tip of the cap to my esteemed colleague at the Chief Counsel’s office who chose not to oppose the Motion to Reopen. I hope you do not get in too much trouble for doing the right thing.