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IMMIGRATION DECEMBER 15, 2023 | The Indian Eye 43

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join in the motion to reopen. Although Our request to adjust Nadia’s status on also equally successful. Through this she had spent her whole life in the US.
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Nadia’s father eventually naturalized, the basis of her I-130 was unopposed by period, Nadia benefited from prosecu- But for the prosecutorial discretion pol-
she was unable to adjust status through DHS, though the Immigration Judge torial discretion, but the path was never icies in place, Nadia would have been
him as she was over 21 years old. De- could not grant the adjustment as the smooth. DACA was declared unlawful deported because of an in absentia de-
spite this, Nadia continued to be able sealed medical report that we had de- by a federal judge and its fate hangs in portation order that she received, over
to remain in the US thanks to DACA. livered to the Immigration Court in the balance till this day. which she had no control and for no
When Nadia married her US citizen advance of the November 1st hearing Even after Biden became presi- fault of her own. Nadia and Nazmin
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husband in 2020, he filed Form had not made its way to him. The Immi- dent, courts enjoined his prosecutorial were also fortunate that ICE attorneys
I-130 on her behalf which was gration Judge continued the hearing to discretion policies that were set forth agreed to join in the motions to reopen
approved the following year. Follow- November 17, 2023 where finally, after in the memo of DHS Secretary Mayor- despite the zigzagging prosecutorial
ing a similar path as her mother case, many trials and tribulations, Nadia was kas, but we advocated, when requesting discretion policies over three presiden-
in January 2022, our firm submitted a adjusted to lawful permanent resident the government to join in the motion to tial administrations.
request to DHS to join our motion to status. Nadia’s order of supervision reopen, that the government could still We are proud to have represent-
reopen Nadia’s removal order so that dissolved on that day too relieving her exercise discretion outside the prior- ed Nadia and Nazmin tenaciously and
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Nadia could apply for adjustment of from reporting to ICE each year. ities set forth in the Mayorkas memo. doggedly for well over 10 years in a pro
status based on the approved I-130 pe- Nadia was 32 years old on the day Despite the court block of the Mayor- bono capacity!
tition filed by her husband. By then Joe she was granted adjustment of status, kas memo, the DHS retained the abil-
Biden was President and he once again and before then she had been in some ity to exercise discretion and join in a *Jessica Paszko is an Associate at
instructed ICE to exercise prosecutorial form of immigration proceeding since motion to reopen. Imagine if Nadia did Cyrus D. Mehta & Partners PLLC.
discretion. she was 17 months old. Today Nadia is a not receive the stay of removal in 2011
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In November 2022, DHS consent- successful architect and her siblings are and was deported to Bangladesh after
ed to joining in the motion to reopen for _________________________________________________________________________________________________________
the sole purpose of dismissal of remov- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
al proceedings. The following month, Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
in December 2022, we submitted our
joint motion to reopen Nadia’s remov- mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
al proceedings to the BIA. In February Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of
2023, the BIA granted our motion and Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board
reopened and remanded to the Immi- of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the
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gration Court for further proceedings. New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and
In September 2023, we learned that is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta
Nadia had been scheduled for a merits received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
hearing on November 1, 2023 by hap-
penstance as neither Nadia nor our firm Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has
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received the notice – imagine if the Im- also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded
migration Judge would have again de- lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
ported Nadia in absentia at the hearing. Chambers Global 2019 in immigration law, among other rankings.

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