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The following day, Zachary Blake, Marshall Mann, Amy Fletcher, and Micah Love met in the Blake office conference room. To Micah’s delight, Zack furnished the usual buffet-style breakfast. Wayne Parsons, Jack Dylan, and Shaheed Ali attended by Zoom. A split-screen monitor was set up in the center of the elegant conference table.
The purpose of the meeting was to discuss the multi-faceted agenda going forward. The Gonzalez family had been reunited, but was their status temporary? What was the strategy for preventing the parents’ deportation?
Zack wanted to file a multi-million dollar lawsuit for the wrongful arrest and imprisonment of Emma and Emilio Gonzalez. Perhaps the government would reconsider their parents’ deportation. The very real prospect of a nine-figure payout to the kids should have a chilling effect on deportation proceedings—did Marshall agree? Did Amy? Rima Al-Baklavi was a fugitive from Syria. Her entry into the United States was undocumented. The men had to turn her over to the authorities, but how and to whom? Perhaps Dylan and Ali could assist.
Zack commenced the meeting.
“Thank you all for coming. It has been an interesting week. Wayne? Jack? Shaheed? Are you guys there? Can you hear me?”
“Loud and clear,” Parsons retorted.
“Ten-four, good buddy,” Jack chirped. “Hey, is that breakfast? Why wasn’t I invited in person?”
“Didn’t want to make you drive all the way from Dearborn. I’ll owe you a breakfast, okay?” Zack rolled his eyes.
“Okay. You all heard him. I have witnesses, Blake.”
“Understood,” Zack chuckled.
“Don’t worry about it, Dylan. I’ll eat your share.” Micah spoke with his mouth full again, with the same result. Bits of food sprayed the table in front of him. A server came over and wiped off the table.
“I’d like to discuss three important issues going forward. Two of them are more in Marshall’s or Amy’s wheelhouse than mine, but all of us will be involved in one way or another. I want to make sure we have all our ducks in a row.
“For starters, we have the Gonzalez deportation case. This is Marsh’s and Amy’s baby. I’d like Micah to do a deep dive into their background. What’s life like in Venezuela? What kind of citizens have Miguel and Mary Carmen been since they arrived in America? How do their lives here compare to their lives in South America? Can you do that, Micah?”
“It’ll cost you.” Micah spit out more food.
“What a surprise. But it’s something you can do?”
“Sure,” Micah promised.
“Marsh? Amy? I’m no immigration guru, but I presume we need to get these people asylum status. What are our strategies going forward?”
“As of now, they’re out on bond. We’re waiting for a notice to appear. The court, and ICE for that matter, will look at whether these parents pose any danger to the community. Do they have any kind of criminal record? We know they do not, but Micah’s investigation and subsequent report will be a great piece of evidence for the court. We also must deal with their current undocumented status. Some judges believe this alone satisfies the test for criminality,” Amy replied.
“What are their chances? They’ve lived here undocumented all this time. Doesn’t that work against them?” Shaheed asked.
“It could. That’s why we’re defending their removal with a green card application. We’re seeking an adjustment of status to permanent residency. This will be a family-based petition predicated on the fact that their kids are American citizens. This is also where the kids’ arrest, imprisonment, and Zack’s potential lawsuit will help,” Marshall explained.
“Sounds reasonable. Piece of cake?” Zack smirked.
“It would have been easier if they hadn’t overstayed their welcome in the first place. The judge will ask, and rightly so, why they didn’t petition for permanent residency when conditional residency first expired,” Marshall opined.
“And our response?” Zack inquired.
“The failure to timely file the I-751 petition to remove the condition is a problem, but the I-751 petition can be renewed as a defense to removal before a judge. Success depends on the situation and the judge,” Amy warned. “In this case, if the judge allows all the facts to be heard, Marsh and I are confident we can get the I-751 renewed.”
“That sounds promising,” Micah opined.
“It is promising, but we must consider the politics in play and the judge’s ability to preserve the cause of justice through all the political noise. We’ve filed petitions for waivers for ‘bad acts,’ such as lying about status or overstaying visas to stay in the country. Some judges require these waivers before they will consider an I-751 renewal,” Amy continued.
“Why not just petition for asylum? Conditions suck in Venezuela. Micah’s deep dive will demonstrate how tough it is down there.” Zack suggested.
“We filed an asylum petition. These filings are not mutually exclusive. You can file them all—you don’t have to pick and choose. If the immigrant petitioners have suffered past harm or fear they will suffer harm if they return to their home country, they are eligible for asylum. It’s not automatic, but they are eligible. Under the Convention Against Torture, applicants must show that the harm they’ve suffered—or may suffer—rises to the level of persecution, based on race, religion, nationality, social or political status,” Marshall explained.
“How well do you know the players in the system?” Zack wondered.
“Very well. In fact, we have written a request for prosecutorial discretion, requesting that the assigned prosecutor terminate removal proceeding on humanitarian grounds. These are hard to get under the Golding Administration, but we have an election coming up. If the good guys prevail, we might have a shot at a compassionate dismissal,” Amy suggested.
“As Jennifer would say, perhaps we should pray for a miracle.” Zack smiled at his own mention of the love of his life. “As my Jewish grandmother always said, it’s like chicken soup—it wouldn’t hurt.”
Parsons spoke up for the first time. “What about . . . I’m not sure what they call it . . . temporary status? You know, where unrest in a country renders it unsafe. Would that buy you some time?”
“That’s called TPS or ‘Temporary Protected Status.’ Yes, it could be used as a temporary measure, similar to the argument about persecution, but in Venezuela, the long-term persecution argument is a better alternative. Good thought, though.” Marshall acknowledged Parsons with the tip of the finger.
“We have also filed an EOIR-42B petition. A person must be physically present in the United States for at least ten years prior to when the proceedings began and show good moral character during that time. If, and this is on point, the person has a United States citizen or legal permanent resident child, spouse, or parent, and that person will suffer extreme and exceptionally unusual hardship if petitioner is not permitted to remain in the country, petitioner can qualify for permanent resident status and have the deportation proceeding canceled. With two citizen children and what happened to them in El Paso, we think we’ve got a great shot at this status with the right judge,” Amy predicted.
“That sounds very promising. It is almost as if the provision was written for our situation. It’s quite compatible with the lawsuit, with kids being arrested and jailed. Talk about extreme and exceptionally unusual hardship! I like that a lot, guys.”
“We aim to please, boss.” Marshall turned and winked at Amy.
“I don’t know much about the situation, but I do know something about persecution in one’s home country. That’s a real thing. Can we shift gears a second? What are we going to do about Rima Al-Baklavi?” Shaheed voiced concern on the monitor. “We were hoping Marshall or Amy could give us some guidance.”
“Actually, the same kinds of things we just discussed apply to Rima as well. No criminal past, humanitarian relief and gratitude for saving a mother and her kids, fear of persecution in her home country, and dragged here by private plane by a couple of hooligans.” Marsh quipped.
“Hey, I resemble that remark!” Parsons cracked on the monitor.
“Speak for yourself, Wayne. I like the whole ‘lawyer saves woman who saved mother and daughter’ idea.” Zack concurred.
“We need to get her into federal custody sooner than later. We need to square our stories about who she is, what she did in Syria, and why she should be granted asylum rather than being thrown in prison.” Jack suggested. “Want Shaheed and me to handle this? After all, we’re the only law enforcement officials at this meeting.”
“That would be great, Jack, but we need to find friendlies. I’d want it set up so she can turn herself in, tell her story, and avoid charges if possible. If it’s not possible, then I’d like her arraigned, bonded, and released in our custody in one fell swoop. Will that be doable?” Zack wondered. “Either way, Marsh would take it from there on the immigration side, and I would jump in on the criminal side.”
“Sounds like a plan, fellas,” Jack retorted. “Wish I was there. The food looks great.”
