Adjustment of Status / Cancelation of Removal
In the year 1996 a Polish national was represented by an attorney who has since been disbarred. The attorney withdrew the immigrants' application for suspension of Deportation and told her to accept an order of voluntary departure. Since the immigrant's daughter was a lawful permanent resident (Green Card holder) the former attorney told the immigrant that she would not have to leave the U.S. and would be able to change her status when her daughter became a U.S. citizen. Of course this was not exactly true because in order for the immigrant to file an application for adjustment of status after the voluntary departure period expired, a motion to reopen proceedings had to be filed. When the voluntary departure period was about to expire the immigrant called her attorney and she was repeatedly advised not to worry and not to do anything. After the voluntary departure period expired she repeatedly tried to contact her attorney and he would not return her calls. After a number of years of living in the U.S. with a final order of deportation the immigrant was able to contact Mr. John A. Nicelli who immediately filed a joint motion to reopen deportation proceedings. After an extended period of time passed the government attorneys refused to join in a motion to reopen proceedings. The immigrant who was now (63) sixty-three years old and living with her daughter and her family was later arrested by Immigration and Customs Enforcement Agents. Mr. John Nicelli then filed a motion with the Immigration Judge based on the gross incompetence of the immigrant's former attorney. The Immigration Judge reopened the proceedings; the immigrant filed for an adjustment of status and became a Permanent Resident of the U.S.