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Case Results
Client, who was representing himself, missed his court date due to a misunderstanding of the hearing notice and an in absentia order of removal was entered against client. ICE demanded that client surrender for removal. Client retained attorney Chelico for representation. Attorney Chelico reviewed the facts of the case and determined that client’s circumstances fell under the exceptional circumstances that makes client eligible to file a motion to reopen. Attorney Chelico filed a motion to reopen and served ICE removal unit and requested that client not be arrested until the court has made a decision on the motion. The government opposed the motion.
Case Results
The court granted the motion. The order of removal was set aside and the court reopened removal proceedings. Client can now have an opportunity to present his case instead of getting arrested and deported.
Client, who is a green card holder, was detained by ICE and charged with removability for an alleged conviction of a crime involving moral turpitude within 5 years of admission. Client was denied bond and the government added an additional charge based on 2 alleged prior felony convictions that the client had allegedly sustained. Government claimed mandatory detention.
Case Results
After Attorney Chelico was retained to represent client he filed multiple motions for bond and for termination of proceedings. Attorney Chelico argued that the government had no case against his client and that it failed to meet its burden of proof pursuant to the U.S. Supreme Court holding in Woodby v. INS. The court initially declined to release client or grant the motion to terminate. After Attorney Chelico filed the last motion, the court ordered that the proceedings be terminated and ordered that the client be released from detention on his own recognizance. Client has been released. The government reserved appeal.
Client was arrested by ICE and placed in removal proceedings. At a bond hearing, the government opposed bond arguing that Client has multiple convictions for crimes of moral turpitude and is subject to mandatory detention. Attorney Chelico argued that Client is eligible for bond and that the government failed to submit any conviction records. Attorney Chelico declined an invitation by the immigration judge to submit conviction records. The immigration judge denied bond. Attorney Chelico filed an appeal with the Board of Immigration Appeals arguing that in this case, the government bears the burden to prove mandatory detention and it failed to do so.
Case Results
In an unpublihsed opinion by a three-member panel, the Board of Immigration Appeals sustained the appeal, vacated the decision denying bond and ordered the immigration judge to hold a new bond hearing in which the government is to provide conviction records supporting its mandatory detention claim. On remand, the government failed to provide any conviction records. The immigration judge set bond in an amount upon payment of which client may be released from custody
Client who was living without documentation in the United States for over 10 years was granted lawful permanent residence after retaining the Law Office of Nabil E. Chelico. Client was previously represented by another attorney who decided to severe representation close to less than 60 days prior to a continued merits hearing for a case that has been pending for over 4 years. Client retained attorney Chelico to continue representation in the case. Attorney Chelico agreed to assume representation for the case and presented a strong case for his client that the court granted lawful permanent residence after 1 hearing.
Case Results
Attorney Chelico agreed to assume representation for the case and presented a strong case for his client that the court granted lawful permanent residence after 1 hearing.
Client released on small bond after ICE argued that client was not eligible for bond. Client who is a lawful permanent resident was detained by ICE and was denied bond after ICE claimed that client was subject to mandatory detention. After attorney Chelico was retained, client was shortly released on a small bond after attorney Chelico filed a bond motion and argued for release on bond and that mandatory detention should not apply in this case.
Case Results
Client was shortly released on a small bond after attorney Chelico filed a bond motion and argued for release on bond and that mandatory detention should not apply in this case.
Change of Status from B-2 to F-1 is granted to a client and her 4 children. Client, who is a parent with 4 children, came to the U.S. as a tourist and subsequently decided to pursue her higher education in the U.S. Client retained the Law Office of Nabil E. Chelico for representation. After attorney Chelico submitted the change and status and responded to a detailed Request for Evidence, change of status application was promptly granted.
Case Results
After attorney Chelico submitted the change and status and responded to a detailed Request for Evidence, change of status application was promptly granted.
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