By Elizabeth Carlson, Maggio + Kattar
This past holiday season I experienced the nerves and excitement of preparing for a cancellation of removal hearing to take place soon after the New Year at the Arlington immigration court. Our firm had volunteered to take the case pro bono from the CAIR Coalition. Our client, a long time lawful permanent resident of the United States who had resided here for more than twenty five years, was facing deportation over two misdemeanor convictions. With strong equities in our client’s favor, including his long residence, his devotion to his family, including his U.S. citizen son, and his history of steady employment, I felt cautiously optimistic on the eve of trial about our chances for success. Indeed, the hearing went well for our client and both the Immigration Judge and the ICE Attorney agreed that, despite his criminal history, he deserved a second chance to remain in the United States with his family.
While thrilled for our client and happy with the thoughtful manner in which the case was considered, the experience led me to reflect on how many detained immigrants are not provided that second chance, due to lack of adequate representation. As a busy attorney in private practice with a full case load, it was challenging to manage a detained case that, in essence, took over my life. From interviewing family members, to obtaining tax returns from the IRS, to gathering medical records, to tracking down criminal dispositions, the amount of work that goes into a detained case can be overwhelming.
Taking on the case would have been all the more difficult without the mentoring of the attorneys at the CAIR Coalition, who were always available to share wisdom and advice, and who made communicating with my client easy. The representation was also made possible by the excellent assistance of our firm’s law student intern, Pegah Eftekhari, who assisted with evidence gathering, trial preparation, and the hearing itself.
Despite how difficult preparing for a cancellation hearing can be, there is truly nothing like the feeling of knowing that you made all the difference in keeping a family together. The day after the hearing, my client called me from his home, now a free man reunited with his loved ones. I look forward to working with the CAIR Coalition on more cases in the future and encourage other attorneys to experience both the challenges and deep joys of working with detained individuals desperately in need of counsel.
