Franklin Crespo is our Client of the Month for June 2015. BR attorney Dree Collopy has been representing Mr. Crespo and his family since 2009. At that time, Mr. Crespo’s adjustment of status and extreme hardship waiver under section 212(h) of the Immigration and Nationality Act had been denied by the Immigration Judge, his appeal to the Board of Immigration Appeals had been dismissed, and Mr. Crespo had been detained by Immigration and Customs Enforcement.
Just before Thanksgiving, we filed suit in federal district court against U.S. Citizenship and Immigration Services (USCIS) on behalf of a hospital staffing services company. Our lawsuit challenged the agency’s denial of an H-1B specialty occupation visa to a foreign physician whom the company sought to employ to care for patients in a low-income, medically underserved area. This is a story of why litigation matters, and why suing the government is sometimes the only way to achieve a just outcome.
Last week, we wrote about the Fourth Circuit’s decision in Martinez v. Holder, in which the 4th Circuit held that “former gang members” can qualify as a particular social group for the purpose of establishing eligibility for asylum. Martinez is one of the two cases we wrote about in October in the hope that the 4th Circuit would bring some clarity and reason to the jurisprudence on the meaning of “particular social group” as a basis for asylum eligibility.