Archives for September 2012

I’ve Been Listed in New York Super Lawyers Again

September 21, 2012 by Matthew

I have been named to the New York Super Lawyers list as one of the top attorneys in New York for 2012. I have been listed in New York Super Lawyers every year since 2008. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The digital version of the Super Lawyers New York Metro 2012 edition is currently available. I am listed on page 87 in the immigration attorney section. The print version will be published in the Magazine section of the New York Times.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi—phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, go to superlawyers.com.

The first Super Lawyers list was published in 1991 and by 2009 the rating service had expanded nationwide. In February 2010 Super Lawyers was acquired by Thomson Reuters the world’s leading source of intelligent information for business and professionals.

BIA Grants My Motion to Reopen

September 18, 2012 by Matthew

In January, I did a consultation with the family of a detained woman facing deportation. She had fired her immigration lawyer and was looking for a new immigration attorney. Her mother was petitioning for her to get a green card. However, I had to tell them that because she had a conviction for a controlled substance, she was not eligible to become a lawful permanent resident through adjustment of status. I referred her to a very good criminal lawyer that I know. He was able to get permission from the criminal court to file a late notice of appeal of her conviction. Because her conviction is no longer final since it is on appeal, she is no longer viewed as having a conviction for a controlled substance under the immigration laws. I filed a motion to reopen her case with the Board of Immigration Appeals and it has been granted. Her case has been sent back to the Immigration Judge and she is going to be allowed to apply for a green card.

AILA Amicus Brief Filed in Second Circuit Challenging Matter of Lanferman

September 10, 2012 by Matthew

On August 13, 2012, I filed an amicus curiae brief for the American Immigration Lawyers Association that challenged the Board of Immigration Appeals decision in Matter of Lanferman, 25 I. & N. Dec. 721 (BIA 2012). The Board’s decision in Matter of Lanferman expands the use of the modified categorical approach over the categorical approach. The categorical approach and modified categorical approach are tests that are used to see if an alien in removal proceedings can be deported because of a conviction. Under the categorical approach, an immigration judge only looks at the statute to determine if an alien can be deported because of a conviction. Under the modified categorical approach, an immigration judge can look to the record of conviction to determine if an alien can be deported because of a conviction. By expanding the use of the modified categorical approach, more aliens are likely to be deported because of their convictions.