Pastor & Associates | Attorneys At Law

Experienced, Results-Driven And Client-Focused

Federal Court Success Cases

2020

Habeas requesting release due to COVID-19 – Our client was of the age and health condition that made him susceptible to COVID-19 but ICE refused to release him even though his case was pending with the immigration court in Detroit. The Judge granted the temporary injunction and the client was released. Eventually we settled with ICE for better release terms for the client.

Our firm recently filed a lawsuit in federal court on behalf of a client who had been waiting for a decision on her green card application for 7 years. During that time, her immigration court hearing was held in immigration court and she was denied relief.  ICE had the client purchase a ticket to depart within 90 days. Because she was an arriving alien, her application for a green card was still pending before USCIS but if not decided before ICE forced her to leave she would lose everything. We filed suit in federal court and 9 weeks after our lawsuit, our client got her green card. ICE could no longer force her to leave and had to cancel her order of supervision. She is now at peace to continue to live in the US with her family.

2019

Motion for Injunction – Denial of Credible Fear interview. Our client requested a reasonable fear interview but was denied the interview by ICE claiming that he was not entitled to a credible fear interview. We filed the lawsuit and we settled in the client’s favor and obtained a credible fear interview.

2015

FOIA Delay – My client’s FOIA had been pending one year. We filed suit and the immigration agencies provided the documents we were seeking therefore the case was dismissed.

2014

Mandamus for delay in NVC – Case had been pending at the National Visa Center for a long time and the family was being kept apart due to this delay. We filed suit and settled in our client’s favor. The NVC processed the case and the family was reunited.

Pennsylvania Eastern District Court (appeared pro hac vice)

FOIA – We had requested documents with immigration for our client that we needed in order to represent him. We settled in client’s favor and the FOIA provided by DHS within weeks.

6th U.S Court of Appeals

Case remanded upon government’s motion to the BIA because REAL ID did not apply.

2012

Denial of TPS APA review – USCIS denied client’s TPS without explaining its reason which was arbitrary and capricious. Client was eligible for TPS as the child of a person who qualified for TPS.  Even though the client’s father never applied for TPS, he did in fact qualify if he had applied for TPS. Therefore our client qualified because he was the child of a person who qualified for TPS. We  settled in client’s favor and he was granted TPS.

Emergency Habeas to stop removal of arriving alien – Settled in client’s favor. The client’s deportation was stopped and she  was released from ICE detention and was able to adjust status to permanent resident.

2009

Habeas – Post Order. Our client had a final order of removal but had TPS and therefore could not be deported.  ICE asked the client to obtain travel documents to be removed to El Salvador despite having a valid EAD and TPS. We filed suit to stop removal of the client. ICE agreed that he would not be removed while he had valid TPS status and the case was resolved. Our client is still here in valid TPS status.

Habeas to release client from ICE detention while Motion to Reopen pending in NY Immigration Court – We settled and ICE released the client to await the decision on the motion to reopen which was eventually granted.

Mandamus to Compel State Dept. to desist from acting ultra vivres by returning an approved I-130 to USCIS for revalidation –  Settled in client’s favor and the U.S. State Dept. recalled the petition and granted the immigrant visa.

Mandamus N-400 preinterview – Client’s N-400 application had been pending for 3 years without interview. We settled in client’s favor and the client was granted a naturalization interview.

Mandamus to Compel NVC and U.S. Consulate to reinstate and revalidate I-130 petition that NVC had closed – We settled in client’s favor and the NVC reinstated the petition and the consulate processed and granted the immigrant visa.

6th U.S Court of Appeals

Appeal from district court on application delay – Settled and client’s application was adjudicated by INS.

2007

Mandamus Post Naturalization Interview – My client, from the Middle East was interviewed on the naturalization application but immigration never issued a decision. Judge actually counted the days the N-400 had been pending which amounted to over 1300 days. Judge denied the government’s motion to dismiss and set a date for a naturalization hearing. Government granted naturalization before the Judge’s hearing date.

Mandamus Post Naturalization Interview – The client had been waiting for two years to get a decision on the N-400. The Judge denied the government’s motion to dismiss and granted our complaint. Our client was naturalized almost immediately.

Mandamus I-751 – Waiver to Remove Conditions. Our client filed an I-751 which was pending for 6 years. We settled in our client’s favor by having USCIS agree to make a decision on the I-751 and it was granted.

Mandamus Denial of Access to Counsel – I went to visit my client in ICE detention with my translator. The jail refused to allow the translator to enter the jail with me to translate for my client. ICE and the jail settled allowing the translator to enter the jail with me to interview my client.

Habeas – Final Order of deportation.  Our client was detained while he had an indefinite order of supervision which allowed him to remain in the US with no reporting requirements. We filed suit and our client as released immediately by immigration authorities and the case was dismissed.

Mandamus N-400 – Judge denied government’s motion to dismiss and ordered USCIS to decide the naturalization case in 15 days. Client was naturalized.

Habeas and Injunctive Relief – Our client was coerced into signing an administrative  removal order by CBP and was subsequently detained.  We settled with CBP and the Dept of Homeland Security. Client was released and had his case heard by the immigration judge.

Northern District of Ohio (appeared pro hac vice)

Mandamus Adjustment of Status – The adjustment of status application for this client had been pending over 180 days. We sued under several legal grounds including the APA. Case settled in client’s favor and the adjustment of status was decided and our client was granted permanent residency.

2005

Mandamus – Fiancee visa was pending for 11 months. We settled in our client’s favor and the K-1 was immediately issued.

Hearing on Denied Naturalization – We settled in our client’s favor and she was naturalized.

Habeas and Stay of Deportation – Our client had a final order of deportation and was due to be deported within a few days.  We wanted to file a Motion to Reopen his immigration proceedings but there was not enough time to file the Motion before he was scheduled to be deported. The government agreed to release the client and allow time to file the Motion to reopen while he was released.

Mandamus for I-129 –  The I-129 had been pending for over a year and the employer needed the employee to commence immediately. The I-129 was immediately adjudicated and the employee was able to commence working for the employer.

Mandamus for return of Immigration Bonds – Our clients had posted voluntary departure bonds in order to comply with the Immigration Judge’s order granting voluntary departure. They left timely but the bonds were not returned to them. We settled the lawsuit so that the clients received their bonds with interest.

Western District of Michigan

Mandamus I-130 delay – Our client filed an I-130 for her spouse and it had been pending for 2 years. We filed suit and we settled in client’s favor. The I-130 was decided and granted. This family that had been separated for over two years was reunited.

2010

Mandamus – Delay in derivative benefits.10 year delay in derivative asylum application. Settled in client’s favor, USCIS decided the application and derivative status was granted to our client.

Enforcement of asylum adjustment Settlement Agreement – USCIS had previously reached a settlement regarding adjustment of status for asylees. Immigration had breached the settlement agreement and we sued.  ICE immediately decided the adjustment of status in our client’s favor.

2008

Habeas – preorder of removal –  Our client was detained while her BIA appeal was pending. She was released in 2 days after filing the lawsuit.

Pre IRRIRA Reinstated In Absentia Order /Denial of counsel – ICE tried to reinstate an in absinthial order and denied the client access to counsel. Settled in client’s favor.  ICE did not reinstate the absentia order and we were able to meet with our client.

Mandamus – N-400 summary judgement granted for client and he received his citizenship in the U.S.

2006

ICE failed to grant us access to the client and refused to tell us his whereabouts – Settled in favor of the client and we were told where the client was located and the stipulated order of removal was cancelled so that client could pursue his case in the immigration courts.

Mandamus for FOIA – We filed a FOIA for the client with the Department of Homeland Security. The FOIA was delayed for quite a long time. Once we filed suit, we received the FOIA production once the lawsuit was filed.

Emergency Habeas – Two clients were transferred without notification to our lawyers who had filed an appearance with ICE. The clients had been detained for two weeks and no bond hearing had been held.  We filed a lawsuit and we were able to  resolve the case in client’s favor. Their whereabouts were given to counsel and a bond hearing was immediately held for both clients.

Mandamus for adjustment of status – The client’s adjustment of status application had been pending for 2 years. Immigration agreed to adjudicate the adjustment of status and the client’s status was adjusted to permanent resident.

2004

Mandamus for delay in I-90 green card replacement – Client was given the replacement green card after waiting for over 3 years and we settled the case.

Habeas –  Our client was told by the immigration judge that he was subject to mandatory detention. However, ICE did not detain our client immediately upon release from criminal custody; rather they detained him years later.  We filed a Habeas which we settled in client’s favor and client was released from ICE detention.

Habeas – Our client was detained for one week without an NTA being issued. We argued that she was being detained without reasons being provided nor any immigration charges being brought against her.  We settled and client was released and the NTA was issued.

Mandamus to produce client at immigration proceedings – Our client was never brought in person to the immigration court. We sued for the right of my client to be present at all immigration proceedings. We settled in client’s favor and he was brought in person to all of his immigration court hearings.

2003

Post Order Habeas – We requested the release of our client from Cuba from ICE detention due to severe medical issues.  Client had a final order of removal but was very ill with a heart condition and could not be deported to Cuba.  The case was settled in client’s favor and client was released to be with his family in Michigan a week before the Christmas holidays.

2002

Mandamus Attorney Access – Our clients from various countries were detained by ICE and were denied attorney access in the Wayne county jail where they were being held for immigration. The clients had pending immigration court cases. The  very next day after filing and I was granted access to all 5 of my clients immediately.

2001

Reopening of denied Adjustment of Status application – We filed a complaint to have INS reopen application which was wrongfully denied. INS reopened the application and we dismissed the lawsuit against them.  Our client was able to adjust status.

1994

Criminal Illegal Entry – Our client, a Chinese national, was charged with criminal illegal entry – misdemeanor.  We got all the charges against our client dismissed