Family Hardship Defense: Mexican Man Wants To Remain in the United States with his U.S. Citizen Family

Yan is a 34-year-old man from Mexico who speaks Spanish and has lived in the United States without status for 15 years. He is the long-term partner of a US citizen, and they have a 14-month-old US citizen daughter they are raising together. Yan’s family has very limited resources and has not been able to pay his immigration bond or find a lawyer to represent him. His individual merits hearing is scheduled for November 19 in Baltimore, but a pro bono team would likely be able to obtain a continuance. Yan has a defense to deportation based on family hardship and needs an attorney to help him present this defense.

 

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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Yan is a 34 year-old man from Mexico who speaks Spanish and has lived in the United States without status for 15 years. He is the long-term partner of a U.S. citizen, and they have a 14-month-old U.S. citizen daughter they are raising together. Yan’s partner has anemia that she takes medication for, and although she is working, she is struggling to get by without Yan’s support. Before he was detained, Yan was the primary caregiver to his daughter during the day while his partner was working, and he also paid for rent, food, and other necessities for his partner and their child. Now that Yan is detained, his daughter is showing signs of trauma, such as waking up at night crying for him.

 

Yan has a defense to deportation known as non-LPR cancellation of removal. This defense involves establishing that the hardship an immigrant’s family would experience if the immigrant is deported as well as the immigrant’s own good moral character entitle them to remain in the United States.

 

Yan has no serious criminal history that would negate good moral character. He has been charged with one crime (besides traffic-related charges that were dismissed). Yan believes he was accused of domestic violence in 2014 after an incident with his ex-partner and received probation and counseling. Despite this charge, the Immigration Court granted Yan bond as described below, and the record of the bond proceedings may shed more light on the circumstances.

 

Yan’s family has very limited resources and has not been able to pay his $12,500 immigration bond or find a lawyer to represent him. Yan’s financial circumstances have also made it difficult for him to meet child support obligations to his ex-partner, which may present a challenge in this case, as the government may argue that failure to pay negates good moral character.

Yan was the victim of a violent crime in the U.S. that he reported to the police. If he could pay the bond, he might qualify for a U visa, which is a type of visa available to victims of qualifying serious crimes.

 

Yan’s individual merits hearing is scheduled for November 19 in Baltimore. A pro bono attorney likely would be able to obtain a continuance, especially if they file a motion for continuance well in advance of the hearing. Yan is detained in Howard County, Maryland, but he may be transferred to Snow Hill, Maryland, before his hearing. Yan speaks Spanish.

 

Please contact our Pro Bono Coordinating Attorney, Jennifer Grishkin at Jennifer@caircoalition.org, if you are interested in taking this case.

 

*Pseudonyms are used to protect privacy.