Appellate Litigation Clinic Wins Second Chance for Deported Immigrant
July 29, 2011 — The federal Board of Immigration Appeals approved a motion filed by the students from the school’s Appellate Litigation Clinic that could allow a Colombian national to reunite with his family in the United States.
The clinic began working during the last school year on the case of a Colombian immigrant who was deported several years ago after being convicted of a minor drug charge.
The client, who immigrated as a child, lived as a legal resident for decades and has children and other family in the U.S., may have been deported based on inaccurate criminal records, said Professor Richard Frankel, who leads the clinic.
Students Matthew Borowski and Iwona Rusek were diligent and creative in producing a motion that showed corrected criminal records suggested their client was not subject to deportation, Frankel said.
A judge could ultimately uphold the deportation, Frankel explained, but the students have given their client a second chance at being reunited with his children and other relatives.
“This is a big deal,” Frankel said. “For the people involved, the stakes are high.”
The case was referred to the clinic by the Farmworker Legal Aid Clinic at Villanova University School of Law, which is expected to resume its involvement in the ongoing proceedings.
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