The Importance of a Quality Immigration Lawyer

A number of recent immigration cases coming from the Seventh Circuit Court of Appeals highlight the importance of having a qualified immigration lawyer.

In Liu v. Lynch, (Case No. 14-2354) the Court of Appeals overturned the ruling of the immigration judge that denied Ms. Liu’s application for asylum. In this case, Ms. Liu filed for asylum based on religious persecution she endured while in her native China.  During her testimony at the immigration hearing, Ms. Liu said that while in China she was incarcerated and tortured because of her religious beliefs.

The immigration judge denied her application for asylum because the Judge found some inconsistencies in her testimony.  For instance, she testified that she came to the U.S. to study English and because she was persecuted in China.  Moreover, the Judge found that she waited ten months to apply for asylum.

The Court of Appeals ultimately overturned the immigration judge’s decision citing reason in the record for Ms. Liu’s inconsistencies and finding that she had made a good case for asylum.  Her attorneys seemed to have done a terrific job at the hearing and obviously did a terrific job on appeal.  This case is a terrific example of what good immigration lawyers do: keep well-deserving immigrants in the country.

Unfortunately, the Court of Appeals recently has had some cases that highlight the negative effects of poor lawyering on immigrants. In Habib v. Lynch (Case No 14-3370), the Court of Appeals actually overturned a deportation order because the Court found Mr. Habib’s lawyer ineffective.  In Bouras v. Holder, Case No 14-2179, Judge Posner, in an entertaining dissent (I say entertaining because Posner also harshly criticizes the immigration judge and Board of Immigration Appeals.  The full opinion is here http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2015/D03-13/C:14-2179:J:Posner:dis:T:aOp:N:1517013:S:0), describes Mr. Bouras’ lawyer as “lackluster.”

If anything, the above cases demonstrate the importance of being well-prepared and having your defenses well thought out before going to court.  Moreover, the cases demonstrate that even if you lose in front of the immigration judge, as long as you made a good record and presented enough evidence, you still have a shot at winning your case on appeal.