We did it!!!! Major Arash was granted asylum at a last-minute Master Calendar Hearing today at the Batavia Immigration Court and released just a few hours later. I appeared telephonically for the hearing as it was scheduled just a few hours in advance, but I was glad to make it to Batavia in time to meet him in front of the facility at the time of his release. I am pleased to say that he is feeling good and is hopeful for his new life here in the United States. He will spend the next few weeks adjusting to life in the United States. My work is not done, however, as Captain Aminyar remains detained pending his appeal.
Tomorrow I will be launching an online fund for those who wish to donate to help Major Arash.
Read more at the Buffalo News
Thursday, July 2, 2015
Wednesday, July 1, 2015
Tuesday, June 30, 2015
Borowski Law Wins Asylum Case for Afghan Soldier on Appeal
Borowski Law Wins Asylum Case for Afghan Soldier on Appeal
Press Release:
June 30, 2015: The Law Office of Matthew Borowski announces a successful result in the case of Major Jan Mohammad Arash, one of the three Afghan military officers who left a U.S. military base in Massachusetts last September where they were taking part in training exercises, and claimed refugee status at the Canadian border in Niagara Falls. Immigration lawyers Matthew Borowski and Ryan Witmer appealed Major Arash's case to the Board of Immigration Appeals (BIA) after the Immigration Judge at the Batavia Immigration Court denied him asylum. The BIA ruled in favor of Major Arash, granting him asylum.
"It was a long road, but we ultimately prevailed" said immigration lawyer Ryan Witmer, who worked closely with Matthew Borowski on crafting the legal arguments essential to Major Arash's appeal. "The Board agreed with us that the Taliban is a de facto government in Afghanistan and that the Afghan government is unable to control the Taliban's persecution."
The Board's order came almost six months after the Immigration Court's denial of Major Arash's claim on January 30, 2015.
"The Board considered this matter with a three-member panel, which is normally reserved for cases that present a novel legal argument or are otherwise particularly important," said Buffalo Immigration Lawyer Matthew Borowski. "In this case we are pleased that the BIA panel agreed with our assessment of the situation and held that the Taliban does constitute a de facto government in Afghanistan and further, that Major Arash's fear of persecution is not merely based on his involvement in the Afghan military, but stems from his imputed pro-western political opinion resulting from his years of working alongside U.S. service members."
One of the key arguments put forward by the Department of Homeland Security was that Matter of Fuentes, a 1988 BIA Decision, precluded a finding of a nexus between future persecution feared and a protected ground under the Act. The Immigration Judge agreed with this argument and ruled that Major Arash was not eligible for asylum. The BIA disagreed, basing its decision on several federal circuit court cases which distinguished Fuentes. The key determinative factor was that Major Arash would not be persecuted by the Taliban merely because he was an Afghan service member, but because of his training with American and other Western forces. The BIA held that "While it remains true under Fuentes that dangers commonly faced by police (or the military) cannot serve as the basis for an asylum claim, subsequent cases have focused on the activities and responsibilities unique to the petitioner in assessing the relationship between persecution and a protected ground," citing Acharya v. Holder, 761 F.3d 289, 302 (2d. Cir. 2014).
The BIA held that "based on an analysis of the respondent's individual situation here, as established through his credible testimony and supporting evidence, he has established a well-founded fear of persecution by the Taliban on account of an imputed pro-American or pro-Western political opinion."
The BIA found that Major Arash has established statutory eligibility for asylum and that, in the absence of any notable adverse factors, he deserves a favorable exercise of discretion. They remanded the case to the Immigration Judge for a required background check.
Sources at the Department of Homeland Security tell us that the Major will likely go back in front of the Immigration Judge within the next few weeks for his final hearing.
"The Major wants to learn more English, and find a good job so that he can support his family" said Matthew Borowski. "We are setting up a fund to collect donations to help Major Arash get on his feet once he is released from detention."
News media coverage:
Afghan soldier wins right to remain in the U.S.
Press Release:
June 30, 2015: The Law Office of Matthew Borowski announces a successful result in the case of Major Jan Mohammad Arash, one of the three Afghan military officers who left a U.S. military base in Massachusetts last September where they were taking part in training exercises, and claimed refugee status at the Canadian border in Niagara Falls. Immigration lawyers Matthew Borowski and Ryan Witmer appealed Major Arash's case to the Board of Immigration Appeals (BIA) after the Immigration Judge at the Batavia Immigration Court denied him asylum. The BIA ruled in favor of Major Arash, granting him asylum.
"It was a long road, but we ultimately prevailed" said immigration lawyer Ryan Witmer, who worked closely with Matthew Borowski on crafting the legal arguments essential to Major Arash's appeal. "The Board agreed with us that the Taliban is a de facto government in Afghanistan and that the Afghan government is unable to control the Taliban's persecution."
The Board's order came almost six months after the Immigration Court's denial of Major Arash's claim on January 30, 2015.
"The Board considered this matter with a three-member panel, which is normally reserved for cases that present a novel legal argument or are otherwise particularly important," said Buffalo Immigration Lawyer Matthew Borowski. "In this case we are pleased that the BIA panel agreed with our assessment of the situation and held that the Taliban does constitute a de facto government in Afghanistan and further, that Major Arash's fear of persecution is not merely based on his involvement in the Afghan military, but stems from his imputed pro-western political opinion resulting from his years of working alongside U.S. service members."
One of the key arguments put forward by the Department of Homeland Security was that Matter of Fuentes, a 1988 BIA Decision, precluded a finding of a nexus between future persecution feared and a protected ground under the Act. The Immigration Judge agreed with this argument and ruled that Major Arash was not eligible for asylum. The BIA disagreed, basing its decision on several federal circuit court cases which distinguished Fuentes. The key determinative factor was that Major Arash would not be persecuted by the Taliban merely because he was an Afghan service member, but because of his training with American and other Western forces. The BIA held that "While it remains true under Fuentes that dangers commonly faced by police (or the military) cannot serve as the basis for an asylum claim, subsequent cases have focused on the activities and responsibilities unique to the petitioner in assessing the relationship between persecution and a protected ground," citing Acharya v. Holder, 761 F.3d 289, 302 (2d. Cir. 2014).
The BIA held that "based on an analysis of the respondent's individual situation here, as established through his credible testimony and supporting evidence, he has established a well-founded fear of persecution by the Taliban on account of an imputed pro-American or pro-Western political opinion."
The BIA found that Major Arash has established statutory eligibility for asylum and that, in the absence of any notable adverse factors, he deserves a favorable exercise of discretion. They remanded the case to the Immigration Judge for a required background check.
Sources at the Department of Homeland Security tell us that the Major will likely go back in front of the Immigration Judge within the next few weeks for his final hearing.
"The Major wants to learn more English, and find a good job so that he can support his family" said Matthew Borowski. "We are setting up a fund to collect donations to help Major Arash get on his feet once he is released from detention."
News media coverage:
Afghan soldier wins right to remain in the U.S.
Friday, June 5, 2015
Urge ICE to Stop Detaining Pregnant Women in Family Detention Facilities
McClatchyDC recently reported that several of the women being held in family detention in Karnes City, Texas, are pregnant. The women learned about their
pregnancies after being given a urine test soon after being detained, and
one of the women stated that she had not received any off-site medical
care for her pregnancy. This detention directly contradicts the Fall 2014 DHS memorandum outlining enforcement priorities for ICE.
The two family detention facilities in Texas were newly constructed as part of the Obama administration's aggressive response to last year’s surge of migrant families fleeing poverty and violence in Central America. Mothers and children are being detained in these jail-like facilities.
The article states that Joanne Lin, legislative counsel for the American Civil Liberties Union, said she thinks the detention of mothers violated policy guidelines issued by Homeland Security Secretary Jeh Johnson. In a November 2014 memorandum, Johnson said that “absent extraordinary circumstances,” field agents should not detain pregnant mothers and primary caretakers of children.
I have personally dealt with clients who were detained by ICE in Texas, transferred to the Buffalo Federal Detention Facility in Batavia, New York where I regularly visit and represent clients in the Batavia Immigration Court. I have had clients who were granted prosecutorial discretion by ICE in Buffalo, New York after Borowski Law made written requests. These clients then returned to their families in Texas only to be again detained by Texas ICE, without regard for the decision made by the very same agency's other field office to release the non-citizen on parole or on bond. Our office has been told, flat-out, by ICE Enforcement and Removal Operations (ERO) officers in Texas that they will take enforcement actions that directly contradict the Fall 2014 Johnson memorandum. Our advice moving forward to all of our clients will be to "stay out of Texas."
This advice, of course, is of no help to the roughly 760 mothers and children being held at the "family detention centers," two of which are in Texas and one of which is in Berks County, Pennsylvania.
We must mobilize and ask the Obama administration to take action to end family detention now.
The two family detention facilities in Texas were newly constructed as part of the Obama administration's aggressive response to last year’s surge of migrant families fleeing poverty and violence in Central America. Mothers and children are being detained in these jail-like facilities.
The article states that Joanne Lin, legislative counsel for the American Civil Liberties Union, said she thinks the detention of mothers violated policy guidelines issued by Homeland Security Secretary Jeh Johnson. In a November 2014 memorandum, Johnson said that “absent extraordinary circumstances,” field agents should not detain pregnant mothers and primary caretakers of children.
I have personally dealt with clients who were detained by ICE in Texas, transferred to the Buffalo Federal Detention Facility in Batavia, New York where I regularly visit and represent clients in the Batavia Immigration Court. I have had clients who were granted prosecutorial discretion by ICE in Buffalo, New York after Borowski Law made written requests. These clients then returned to their families in Texas only to be again detained by Texas ICE, without regard for the decision made by the very same agency's other field office to release the non-citizen on parole or on bond. Our office has been told, flat-out, by ICE Enforcement and Removal Operations (ERO) officers in Texas that they will take enforcement actions that directly contradict the Fall 2014 Johnson memorandum. Our advice moving forward to all of our clients will be to "stay out of Texas."
This advice, of course, is of no help to the roughly 760 mothers and children being held at the "family detention centers," two of which are in Texas and one of which is in Berks County, Pennsylvania.
We must mobilize and ask the Obama administration to take action to end family detention now.
Wednesday, October 8, 2014
Bond Granted for First Afghan Soldier: Major Jan Arash, In a Contested Bond Hearing Over DHS Opposition
Matthew Borowski successfully argued a bond motion for Major Jan Arash today and the judge granted a $25,000.00 bond, over the opposition of DHS. We are glad a bond was granted, but it is an exceptionally high bond especially considering that Major Arash entered the country legally and has a strong claim for asylum.
We need your financial support to get Major Arash out of detention. Please consider donating. If we reach our goal of $25,000.00 we can bond Major Arash out of detention and greatly increase his chances of gaining asylum.
Borowski Law will be seeking bond for the other two soldiers, Captain Aminyar and Captain Askarzadeh, on October 22.
More coverage and information will be posted to the Afghan Soldiers blog. Visit the Afghan Soldiers blog and donation page at http://afghansoldiers.com/
Saturday, September 27, 2014
WIVB CBS News 4 Interviews Matthew Borowski Regarding Afghan Soldiers
Buffalo Immigration Lawyer Matthew Borowski was interviewed on September 26, 2014 by WIVB CBS News 4 regarding the three Afghan soldiers who left their training exercise in Cape Cod and allegedly crossed over the Canadian border.
Wednesday, September 24, 2014
Deportation Case Terminated Due to Successful Post-Conviction Motion
We just won another deportation case! Our client had an aggravated
felony conviction (drug trafficking) that made him ineligible for most
forms of relief from deportation. We pursued post conviction relief in
state court and we were able to re-open his case so he no longer had a
final criminal conviction. It was a long road and a lot of hard work,
but we did it. Last week we filed a Motion to Terminate in the Batavia
Immigration Court and our client was released from detention yesterday.
He is now home with his family, and we're preparing to fight the next
round in the battle (ensuring his conviction doesn't stick, so ICE won't
be able to put him back into removal proceedings.)
The reality is that I can't win every single deportation case -- sometimes the facts are just stacked against us. Not every case results in a happy ending, no matter how hard we try. When we can get a case terminated and reunite a family, it's a good day in the life of an immigration lawyer, and it makes the hard work worth it in the end.
The reality is that I can't win every single deportation case -- sometimes the facts are just stacked against us. Not every case results in a happy ending, no matter how hard we try. When we can get a case terminated and reunite a family, it's a good day in the life of an immigration lawyer, and it makes the hard work worth it in the end.
Subscribe to:
Posts (Atom)