Page 42 - The Indian EYE 121523

IMMIGRATION DECEMBER 15, 2023 | The Indian Eye 42

How Prosecutorial Discretion

Saved Our Client

By CYRUS MEHTA and of Nazmin being seriously ill surrender for deportation on for Nadia and Nazmin. This end, she had to ask for and re-
the day before. Several efforts September 29, 2011. This let- was the first exercise of prose- ceive permission from ICE.
JESSICA PASZKO* were made to reopen the in ter brought their lives and the cutorial discretion that would In the meantime, Nadia’s
absenstia deportation order lives of their family and loved benefit Nadia and Nazmin and US citizen brother filed Form
his is the story of our but to no avail. However, they ones to a shocking halt. a birthday present that Nadia I-130 on behalf of his mother
client Nadia Habib who continued to live their lives Nadia’s friends and oth- would never forget. Nadia and Nazmin which was approved in
Twas in immigration pro- normally as a tightly knit fam- er immigrant students quickly Nazmin approached our firm early 2016. Jawad had not yet
ceedings from 18 months till ily. Nazmin and her husband sprung to action, launching to seek representation. The naturalized as his application
31 years until an Immigration Jawad, who had a green card, campaigns on Facebook and case was so sympathetic and had been erroneously denied
Judge granted her adjustment had three more children in the Twitter, in the hope that Na- meritorious that we decided and our appeal challenging
of status on November 21, US who were automatically dia and her mother would be to take on the case pro bono. the denial was pending. This
2023! citizens. Jawad supported the allowed to remain in the US The goal was to find a pathway I-130 served as the basis of
Nadia Habib came to the entire family as a yellow taxi with her father and her three for Nazmin and Nadia to re- our request to DHS to join our
US in 1993 from Bangladesh driver in New York. Nadia US citizen siblings. On the open their deportation orders motion to reopen Nazmin’s
when she was less than 2 years continued to be vulnerable to fateful day she had to appear and adjust status while keeping removal so that Nazmin could
old with her mother Nazmin deportation unlike her citizen for deportation on Septem- them in the US in the interim apply for adjustment of status
Habib. They were paroled into siblings, although she showed ber 29, members of the Youth in an authorized capacity as based on the approved I-130
the US at JFK airport. Some great promise by doing well Leadership Council gathered long as possible. petition filed by her US citizen
years later in June 1997 they in school and getting admit- thousands of petition signa- On February 23, 2012, child. A removal order can be
were placed in removal pro- ted into the elite Bronx High tures and turned out over 100 ICE also issued an order of reopened at any time if the
ceedings in New York, and or- School of Science in New York. people to rally in support of supervision to both Nadia and government joins in a motion
dered deported in absentia on On September 10, 2011, Nadia and Nazmin and to try Nazmin which required them to reopen even though prior
April 26, 2000 by an Immigra- Nazmin and Nadia, then 19 to halt the deportation sched- to report in person to ICE on efforts to reopen the removal
tion Judge. They did not show years old, received a bag and uled for that day at 11 am. The specified dates, usually once or were unsuccessful.
up in court on the day of their baggage letter from Immigra- community’s fervent efforts to twice a year. On June 15, 2012, The ability of the govern-
hearing due to an unfortunate tion and Customs Enforce- keep Nadia and Nazmin from the Secretary of Department ment joining in a motion to
misunderstanding as a result ment (ICE) ordering that they returning to Bangladesh that of Homeland Security (DHS) reopen depends on the policies
was entirely foreign to Na- Janet Napolitano issued a of the administration at any
dia paid off. ICE halted memorandum entitled “Ex- given time. We requested the
the deportation order and ercising Prosecutorial Discre- government to join in the mo-
decided to review their tion with Respect to Individu- tion in September 2016, during
case. Though September als Who Came to the United the final year of the Obama
29, 2011 was marked with States as Children”, officially administration based on Mor-
victory for Nadia and her establishing what would lat- ton’s prosecutorial discretion
mom, their immigration er be known as the Deferred policy. Donald Trump became
woes were far from over. Action for Childhood Arriv- president in 2017 and our re-
At that time when als (DACA) program. DACA quest was pending, but the ICE
Nadia was about to get de- came to be the second form of attorney who got our request
ported, President Obama prosecutorial discretion that to join in the motion fortunate-
began to be known as the benefitted Nadia who clearly ly agreed to join in the motion
Deporter-in-Chief. Al- qualified as she came to the US to reopen Nazmin’s removal
though Obama was sym- well before the age of 16. Af- proceedings to the Board of
pathetic towards immi- ter graduating from the Bronx Immigration Appeals (BIA)
grants, he wanted to also High School of Science, Nadia even though by then prose-
show that he was strict pursued undergraduate studies cutorial discretion became
on enforcing the law as a at Stony Brook University and non-existent under Trump’s
way to get his Republican later obtained her master’s de- new enforcement oriented im-
opponents in Congress gree in architecture from The migration focus.
to pass a comprehen- City College of New York. On In July 2017, the BIA
sive immigration reform the basis of DACA, Nadia was granted our motion based on
bill. As the deportations able to apply for an Employ- the government’s consent and
under Obama spiked in ment Authorization Document remanded for further proceed-
m of 2011 and 2012, until they (EAD) in September 2012. ings. After a nearly five year
CYRUS D. MEHTA & PARTNERS PLLC reached a record high by Since then, our firm helped wait (since the I-485 applica-
2013, the then ICE Direc-
tion could not be tracked in the
Nazmin and Nadia comply
tor John Morton issued a with their annual appoint- USICS bureaucracy until there

landmark memo in 2011 ments with ICE and apply for was Congressional interven-
providing detailed guide- DACA extensions along with tion), Nazmin was scheduled

  lines on how ICE officers the EAD. Nadia had to report for an adjustment interview in
   
­ each year for her appointment March 2022 at a USCIS field
€
‚   should exercise prosecu-
torial discretion. with ICE even though she was office in Long Island where
On September 30, authorized to remain in the her adjustment of status appli-
2011, which also hap- US under DACA. Every time cation was finally granted.
Nadia wanted to travel outside
Nadia was still not eligible
pened to be Nadia’s 20th
2 6th Floor birthday, ICE issued a New York for a trip to another to adjust status, so we could

    Stay of Removal Order state, even over a long week- not request the government to
www.TheIndianEYE.com