RMIAN Cases in Need of Pro Bono Attorneys
RMIAN, in conjunction with the ACLU, is attempting to place the cases of two Iraqi men who are class members in the Hamama v. Adducci litigation that is currently pending. The U.S. District Court for the Eastern District of Michigan, Southern Division granted a preliminary injunction in July 2017, which stayed the removal of over 100 Iraqi men who were rounded up and detained by ICE. Currently, there is a group of Hamama class members detained in Aurora, Colorado and two men are still hoping to find legal counsel to assist in their underlying immigration proceedings. Please see below for details regarding their cases.
For more information about the ACLU case, follow this link: https://www.aclu.org/cases/hamama-v-adducci
The following individuals are detained and in need of pro bono representation:
Mr. A: Young man with pregnant wife and fear of return to Mexico
19-year-old young man from Mexico who entered on a B2 tourist visa in 2016 and again in 2017. Mr. A’s undocumented wife also entered the U.S. on a tourist visa and is currently three months pregnant. Mr. A was previously threatened by members of a cartel organization in Mexico and is afraid to return. Mr. A was convicted of fleeing the police in January 2018; he was stopped by police on his way to work but was afraid and ran. Mr. A was transferred from the detention facility in Florence, AZ and is scheduled for a master calendar hearing on February 27, 2018 at 1:30 p.m.
Mr. A is eligible for release on bond as well as asylum, withholding of removal, and protection under the CAT. RMIAN seeks an attorney to represent Mr. A in his bond proceedings.
Full Merits Cases
Mr. B: Young man & family with political asylum claim, toddler passed away on journey to the U.S.
22-year-old native of Honduras who entered the United States without inspection in January 2018 with his wife and child. He was previously deported at the border in 2014. Mr. B and his family fled Honduras after receiving threats from MS-13 members after he marched in a political protest in September 2017. Mr. B knows of others who have been beaten and disappeared by the military as the government began cracking down on political dissidents. Mr. B and his wife fled Honduras with their 2 children, a 3 year old and 1.5 year old. The youngest died in Nogales, Mexico after falling ill. Mr. B’s wife and older child were detained in Texas but have been released. Mr. B has not yet been scheduled for a hearing.
Mr. B is eligible for withholding of removal, and protection under the Convention Against Torture. RMIAN seeks an attorney to assist Mr. B in his merits proceedings.
Mr. X: HIV+ man with fear of return to Mexico and 1-year-old U.S. citizen daughter
35-year-old native of Mexico who entered the United States without inspection in 2004. He is HIV+ and requires anti-retroviral therapy. He has a four-year-old U.S. citizen daughter who has a heart problem and is currently living with a foster family. Mr. X has a fear of return to Mexico based on his HIV+ status. He has a 12-year-old conviction for possession of a forged instrument and recent convictions for solicitation of prostitution and driving while ability impaired. Mr. X is scheduled for a master calendar hearing on February 26, 2018 at 8:30 a.m.
Mr. X is eligible for asylum, withholding of removal, and protection under the CAT and must remain detained while proceeding with his case because his bond request was denied. RMIAN seeks an attorney to represent Mr. X in his full merits proceedings.
Mr. Y: Nepali man tortured by Maoists, lost all family in earthquake, pregnant US citizen partner
25-year-old native of Nepal who entered the United States with a J1 visa in 2012 and again with an F1 visa in 2013 to study in the United States. His U.S. citizen girlfriend is pregnant and they have been planning to get married. In Nepal, Mr. Y and his family were targeted by members of the Maoist party. Mr. Y was beaten, tortured, and held hostage due to his political beliefs. His aunt and uncle were beaten and threatened as well. In 2015, Mr. Y lost all remaining family members in the devastating earthquake. Mr. Y was convicted of marijuana possession in 2017 in Wyoming and has a pending charge for smoking marijuana. He was denied bond due to these charges. Mr. Y is scheduled for an individual hearing on March 17, 2018 at 9:00 a.m.
Mr. Y is eligible for asylum, withholding of removal, and CAT as well as humanitarian asylum. RMIAN seeks an attorney to represent Mr. Y in his full merits proceedings.
Hamama Class Members:
Mr. I is a 45-year-old native of Iraq who entered the U.S. in 1994 as a refugee. After the Iraqi invasion of Kuwait, he deserted the military and joined the uprising against Saddam Hussein. He surrendered to the U.S. military in 1991, spent three years in a prison camp, and then traveled to the U.S. He applied for residency in 2002 but did not receive the biometrics notice and was unable to proceed with his application. In 2005, he worked as a translator for a subcontractor with the U.S. military in California and was detained at a check point. He was later released but was asked to report to ICE for a check-in where he was coerced into signing a removal consent form. He was convicted of communications fraud in 1995, two DUIs from 2003 and 2004, and trespassing in 2010.
He fears returning to Iraq due to his history as a military deserter, anti-government political views, past employment with the U.S. military, and extensive time living in the U.S. RMIAN seeks an attorney to assist him in a Motion to Reopen so that he may pursue fear-based relief from deportation.
Mr. J is 47-year-old native of Iraq who entered the U.S. in 1996 as a refugee. He received refugee status based on his support of the revolution against Saddam by providing food and water and caring for the elderly. His father was badly beaten due to Mr. J’s refusal to join the military. He received residency status in 2005. He was convicted of violating a no-contact order in 2006. In 2012, he was stopped for a ticket and the charges were dropped but he was arrested by ICE while leaving court. He was detained for 9 months and believes the judge ordered his removal because he mistakenly thought he supported Saddam in Iraq. He was released and has reported annually to ICE. He was recently detained at an ICE check-in. He has two U.S. citizen daughters with his ex-girlfriend and recently married his wife in 2016.
Mr. J fears return to Iraq because of his religion (Jehovah’s Witness), his long residency in the U.S., and his connection to several brothers who have strong and opposing political and religious beliefs. He previously hired an attorney but was unable to continue paying the fees. The attorney filed a Motion to Reopen with the Board of Immigration Appeals (BIA) which is currently pending. RMIAN seeks an attorney to assist him depending on the outcome of the motion. If the motion is granted, Mr. J will need assistance of counsel to present his forms of relief before the immigration judge. If denied, Mr. J has the option of pursuing a motion to reconsider before the BIA or a petition for review in the 10th Circuit.
Check back soon for details on cases involving children and families who are not detained and in need of pro bono attorneys to represent them in their cases.