My client is a citizen of the People's Republic of China. He was inspected and paroled into the United States over 15 years ago, however, the following year he was ordered removed to China by an Immigration Judge. He never departed the United States. He has no criminal record, and his wife and children are all Lawful Permanent Residents of the United States. He is elderly, and has a medical condition.
My client was recently encountered by USICE and taken into custody, at which point I was retained. Because of the old removal order, USICE was prepared to remove my client from the United States immediately. I prepared an Application for a Stay of Removal, and gathered documentation to support the Application, showing that my client merited the exercise of prosecutorial discretion because of his long residence in the United States, his lack of a criminal record, his family in the United States, and his medical condition. I then filed the request with USICE, and eight days later received a call that the Stay of Removal was approved. My client was released from custody approximately two hours later, and was reunited with his family!