This class action case involves my clients that are being denied bond hearings pursuant to Diouf v. Napolitano, 634 F.3d 1081 (9th Cir. 2011). I have also filed a class action habeas in Arizona for another client (Marroquin-Perez v. Boente, District of Arizona, 2:17-cv-00366). That case resulted in the District Court ordering the immigration court the conduct a bond hearing. The respondent was granted a bond, and after paying it she was released and is now living with her family in NYC.
An El Salvadorian client fled his country due to the pending civil war in that country and entered the US in 1984. He filed for asylum, and later, for ABC benefits, and eligibility for benefits under NACARA. The client did not receive proper notice for an immigration proceeding, and after not showing up, he was ordered removed in absentia. ICE later detained him, and in violation of the NACARA agreement, deported him. He returned to the United States, and then several years later found himself back in removal proceedings. I filed a motion to reopen based on the lack of notice of the immigration proceeding that led to an in absentia order. The motion was later granted, and his removal proceedings were terminated so that he could proceed with his NACARA application with USCIS.
THE AHA SCAM
In the summer of 2015 I had several client consultations concerning whether they could obtain US Citizenship through an "adult adoption." The short answer is no. After speaking with them more I discovered a massive immigration scam running out of Sacramento, California by a company called Americans Helping America Chamber of Commerce. Shortly after the news story aired, the FBI raided their office, and the head of AHA, Helaman Hansen, was indicted by a federal grand jury. He was later convicted by a jury on all counts.
I helped a client that was unlawfully detained by ICE because he gained US citizenship through his mother, who was born in the United States. ICE released him. His story was shown on NBC and Telemundo.