(Hartford, CT, February 27, 2015 )--Day Pitney recently secured a victory from the Second Circuit in a case that represents both a significant win for pro bono client Edson Flores and a significant precedent for immigrants seeking relief from removal orders.
Mr. Flores, who proceeded pro se in his initial removal proceedings, was originally ordered removed from the United States in 2012. At that time, Flores' wife, a U.S. citizen, had filed a visa petition on Mr. Flores' behalf with the Department of Homeland Security. If granted, that petition would have allowed Mr. Flores to apply for permanent residency in the United States. So Flores asked an immigration judge to grant a continuance of his removal proceedings pending a decision on his wife's visa petition. The immigration judge denied the requested continuance, however, and the Board of Immigration Appeals affirmed. According to the Board, Mr. Flores' requested continuance was futile because, even with a visa, his prior New York state criminal conviction for sexual contact constituted an aggravated felony, which rendered him ineligible for permanent residency.
Mr. Flores petitioned for review of that decision, and the Second Circuit appointed Day Pitney to represent him.
Accepting Day Pitney's arguments, the Second Circuit held, in a precedential opinion by Judge Chin, that the agency's denial of the continuance was based on two separate legal errors. For one thing, the Board had wrongly concluded that an aggravated-felony conviction would render Flores ineligible to become a permanent resident. For another, the Board had applied the wrong legal test in making its aggravated-felony determination--it looked to the particular facts of Flores' case, instead of considering whether the New York statute at issue categorically qualified as an aggravated felony in all of its applications. As a result of these errors, the Court granted Flores' petition in substantial part, and it remanded the case back to the Board.
Litigation counsel John Cerreta led the Day Pitney team, with support and supervision from litigation partner Erick Sandler.
Chase Rogers, former Chief Justice of the Connecticut Supreme Court, served as faculty at the New Appellate Judges Seminar, sponsored by the Institute of Judicial Administration (IJA) at New York University School of Law from July 15 – 20 in New York City.
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On May 31, Michael Furey will be speaking at "Commercial Litigation from the Masters," a program being presented by the New Jersey Institute for Continuing Legal Education (NJICLE) and being held at the New Jersey Law Center in New Brunswick, NJ.
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Elizabeth (Beth) Sher was invited to participate in a National Institute of Trial Advocacy (NITA) symposium and training program in Tokyo that took place September 2-3, 2017.
Gary Betensky and Michael Napoleone were featured in a profile, "Day Pitney LLP: Firm Expands to Better Serve South Florida Clients," published in the March issue of The Boca Raton Observer magazine.
Day Pitney's representation of Walmart is noted in a Law360 article, entitled "Walmart Wins At NJ High Court In Fight Over Medical Terms."
Jed Davis was quoted in a feature article, "The Privacy Fight For Digital Data Warrants Is Just Starting," published by Law360.
Day Pitney LLP, led by partner Michael Furey, is representing a major retailer in connection with a personal injury case of first impression that is pending in the Supreme Court of New Jersey.
Day Pitney partner Chase Rogers, former Chief Justice of the Connecticut Supreme Court, was featured in an article, "Retired Judges Establish Fund To Provide Lawyers For Immigrant Families," published by the Hartford Courant.