May 6, 2022

Removal order Dismissed after Appeal to BIA

Mooradian's client was ordered deported in 2020 after being represented by another attorney at the Boston Immigration Court. The court, in its decision, indicated that the client had not provided sufficient evidence in support of his testimony that he feared return to El Salvador.  In specific, the court noted that the client had failed to provide death certificates of relatives who had been murdered. In addition, the court highlighted inconsistencies and difficulties that the client had in testifying to the traumatic past abuse he had endured.

Mooradian requested the entire file from previous counsel, as well as reviewed the transcript of the trial.  Mooradian noticed that, inexplicably, evidence of the deaths of family members, as well as a restraining order that corroborated past harm to the client, had been in the prior counsel's file but never were submitted to the court. Mooradian contacted previous counsel, and that attorney, through an affidavit, admitted to his error.

Mooradian filed an appeal to the Board of Immigration Appeals, along with an appeal brief.  In that brief, Mooradian argued ineffective assistance of counsel, as well as errors in factual finding and errors of law by the Immigration Judge.

Once the Department of Homeland Security counsel reviewed the appeal, they decided not to file a brief in opposition.  Instead, counsel was able to join attorney Mooradian in a motion to dismiss, meaning that the order of deportation will not become final, and that the client will no longer be in deportation (removal) proceedings and may remain in the United States.

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