Family Hardship Defense: Father of Four Faces Deportation

Alfonso* is a father who is the primary caretaker of his partner and four U.S. citizen children, ages six months to twelve years.  His third child, Billy*, has health problems that have required him to undergo two operations on his head in the past year. In the fall of 2017, Billy was hospitalized and was in a coma for five days. The family is now homeless and living with friends, without Alfonso’s income.  Due to convictions for DUI, Alfonso is facing deportation. He needs pro bono help to fight to stay with his family.

All CAIR Coalition matters placed with a pro bono team are robustly mentored by a CAIR Coalition attorney.  Our mentoring program includes an opening meeting to discuss the scope and process of the matter, provision of samples, guidance on the law, review of draft filings, assistance with client contact, and guidance on preparation for interviews and hearings. 

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Alfonso came to the United States in 2005 and has not had status. He met is partner, Marie*, who also does not have status and together they have four children.

Alfonso’s third child, Billy, has health problems that have required him to undergo two operations on his head in the past year. In the fall of 2017, he was hospitalized and was in a coma for five days. Marie, has concerns about the most recent surgery (4 months ago) and is taking Billy to the doctor again this week since she does not think the surgery is healing well. This will yield more information about his current condition and will allow her to get documentation from the doctor about his illness.

Marie and the four children are currently homeless, as Alfonso is the wage earner and they could not afford the rent. The family is currently staying with a family friend. The move has caused them to start attending a new school in the middle of the year, and the kids are struggling socially and academically.

Alfonso has three DUI convictions and driving without a license. Alfonso works in fencing and can get letters of support from his employer and pastor.

Alfonso is eligible for a defense to removal called Non-LPR Cancellation of Removal, as he is a long time resident of good moral character whose deportation would cause hardship to family.  An application for Non-LPR Cancellation of Removal consists of a completed form, memorandum of law, affidavits of support from the client and other witnesses in the case, and other relevant evidence demonstrating that the positive equities  (e.g., family and community ties, work history, etc.) outweigh the negative equities (e.g., criminal history).

Alfonso speaks Spanish.  He is detained at Farmville detention facility in Farmville, Virginia. His pro bono team will need to visit him several times at the facility and can also speak over confidential phone lines. 

Please contact, Michael Lukens at (202) 870-5962 or michael@caircoalition.org, if you are interested in taking this case.

*Pseudonyms are used to protect privacy.

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