News

The Davidson County Sheriff’s office did not violate Metro Charter or other state laws when it contracted with the U.S. Immigration and Customs Enforcement (ICE) to perform immigration enforcement duties, the Tennessee Supreme Court ruled today. The court ruled against plaintiffs Daniel Renteria- Villegas, David Gutierrez-Turcios and Rosa Landaverde, who challenged the agreement arguing that only the Chief of Police has authority under the Charter to provide immigration enforcement. Read the full opinion.

U.S. District Judge William Haynes Jr. issued an order today demanding that the Nashville government pay $1.1 million in fees and other expenses to Juana Villegas, who, in 2008, was shackled to a hospital bed hours before giving birth. Last August, a jury awarded Villegas $200,000 for having her rights violated. Metro government appealed the award and there is a hearing on the case next month. The order today is limited to legal fees and expenses. Haynes also certified Villegas' application for a special visa created to protect undocumented residents who are crime victims. The Tennessean has more.

The recent change in federal immigration policy is causing a surge in transcript requests from Metro Nashville schools, officials believe. Undocumented immigrants need to prove their school record as part of new rules that allow those who entered the country illegally as children to remain and work without fear of deportation for at least two years, WPLN reports. “We expected some requests, but we really had no idea of the volume that was going to take place," Taffy Marsh, director of Metro’s records center said. "So we have hired five temporary employees to help us process that volume. … We have a 10-day turnaround time right now, and we are barely managing that."

By Mohammad A. Syed*

There are many immigrant attorneys in the U.S. like myself.   After almost 12 years of law practice with private law firms in both D.C. and Nashville, I have recently started my law firm and focus, in part, on immigration matters.  As I write this, I am still feeling the joy of my very own recently filed application for U.S. citizenship.  This is an important milestone in my life and a good time to share my own immigration journey.

Early years

My father was a student at Brigham Young University from 1978-80 in Provo, Utah while on leave from the Government of Pakistan.  My mother, two sisters and I enjoyed those two years in Provo immensely, and my earliest childhood memories are from those years.  I discovered much later that my father was on a J-1 visa, an exchange visitor agreement between the U.S. and Pakistan governments. 

College Years

In 1993, I was accepted to the University of Rochester. At that time, U.S.-Pakistan relations were good; therefore, it was easy to obtain a visa.  I remember getting stamped for an F-1 student visa the same day as I had my interview at the U.S. consulate in Karachi. 

I finished my studies in December 1996 with a double major in Economics and Political Science, and a minor in legal studies.   After taking the LSAT and finishing my law school applications, I headed back to Pakistan in the winter of 1996.  While back in Pakistan, I got accepted into George Washington Law School in Washington, D.C.  It was an honor and privilege to be studying law in the capital of the United States.  In May 1997, I returned to Rochester to attend my graduation though because my F-1 visa was no longer valid, I traveled on a tourist visa. 

Canadian Permanent Residence

Between college and starting law school, I was sponsored by my aunt, who lived in Canada, for Canadian Permanent Residence.  I spent a month in Canada prior to arriving in D.C. for law school.  At that time, Canadian Permanent Residents did not need visas to enter the U.S.; therefore, all I needed was the I-20 form from George Washington Law School and my Canadian Permanent Resident Card.  My travel to and from the U.S. was greatly facilitated by the Canadian PR card.

Law School

During law school, I used part of my 1 year optional practical training (OPT) for summer jobs.  My first summer job was working for the Office of Corporation Counsel as an unpaid intern; thus, I did not need special authorization.  However, the next summer I worked in a full-time paid position with the D.C. based firm of Ashcraft & Gerel.

During my job search for post-law school employment, some employers, including federal and state governments, were not an option because of my immigration status. Private employers would have to sponsor me for an H1B visa. I had to teach myself about H1B visas so that I could intelligently discuss with employers what they would have to do if they wanted to hire me. Those conversations were always stressful.   I noticed that most employers were not enthusiastic about getting involved in this process.  They feared legal costs and perhaps the uncertainty of whether I would be able to work legally in the U.S.

Attorney at Law!

I graduated from law school in 2000 and passed the New York Bar.  I took an offer from Ashcraft & Gerel and spent 7 wonderful years at that firm.  They did not hesitate to complete the H1B paperwork for me.  The process was simple enough, being a combination of proving that I had the education and experience required for working in a full-time legal position, and the law firm having the ability to pay the prevailing wage.  I stayed in the H1B for two three-year terms for a total of six years.

In 2001, Ashcraft & Gerel applied for permanent residence on my behalf.  This process was more in depth than the H1B.  The employer had to prove that they had searched for a qualified U.S. employee and not having found one, had offered me the job. 

September 11, 2001

This was a horrible day.   In the aftermath of 9/11, Pakistani citizens, no matter whether they were Canadian permanent residents or not, were required to have valid visa stamps in order to enter the U.S.  Since I had originally relied on my Canadian Permanent Residence status to enter the U.S., I never got an H1 visa stamp.

Many people faced denials and others faced delays so long that they lost their jobs or their student enrollment offers expired while they waited for the visas to be processed.  Given the security threat to the U.S., it was understandable that visa processes were delayed.  Therefore, I decided that I would not visit Pakistan and risk being stuck there.  This caused hardship because I missed several of my best friends’ weddings and was also unable to visit my parents.

There were major delays in the approval of the labor certification.  This is the process where the D.C. Government had to certify that the employer had complied with the search for a qualified U.S. worker and was paying me a prevailing wage.  The problem was that D.C. had only one officer responsible for this part unlike some other states where this process moved quicker. 

Stuck in Pakistan for 8 months for H1B visa stamping

In 2004, I decided I had had enough waiting and I needed to visit my parents in Pakistan.  My father was having some health issues and I wanted to be with him.  I discussed my plans with Ashcraft & Gerel and told them that I could not guarantee a return by a certain date.  They said not to worry, go home; so I did. Upon my return, I went straight from the airport to the U.S. Embassy and applied for an H1B visa renewal.  It took eight months to receive my visa and then return to D.C.  During this time, I was admitted to practice law in Pakistan, where I worked at a corporate firm and received some great international experience.  My firm in D.C. was marvelous - they gave me two months paid vacation and then put me on six months of unpaid administrative leave. Afterwards, I resumed employment with them.

Green Card and Writ of Mandamus

Finally, in 2006 my labor certification was approved – a giant step towards getting my green card.  Immediately after this, my I-485 was filed.  My research and discussions with immigration lawyers suggested that the end was in sight and approval should take place within six months.  I would finally be free to work for an employer of my choice.   After seven years of doing complex civil litigation, my professional interests had changed and I wanted to experience something different.  Being restricted to my H1B sponsor became frustrating.  Do not get me wrong, I loved working with Ashcraft & Gerel and shall be indebted to them for my entire life for the experience and their great mentoring.  But I was not ready to commit the rest of my life to the areas of law that were practiced at the firm. 

However, I told myself that I could wait another year and see what happens with the I-485.  After waiting a year, I decided it was time to take charge.  I filed a Writ of Mandamus against the USCIS to expedite the processing of my green card – this is a device to cure undue delay experienced by applicants for immigration.  Luckily it worked and within months my green card was approved!

Nashville to Syed Law Firm, PLLC!

Finally, with my green card in hand, I was ready to change jobs in the fall of 2007.  I was hired by King & Ballow in their antitrust and commercial litigation practice group.  There I had the opportunity to get some great experience in a variety of areas including antitrust litigation and counseling, commercial litigation, labor litigation, and intellectual property.  I also got a chance to contribute articles on immigration matters in the firm’s newsletter, edited by my friend and mentor, Bruce Buchanan. 

After almost four years at King and Ballow, I decided it was time to start my own law firm, and I am now the proud managing principal and founding partner of the Syed Law Firm, PLLC, where I focus on representing persons and businesses of foreign origin in legal matters. Also, I represent professionals, such as physicians and architects, small and medium businesses and non-profits.

I have a strong passion for assisting people who are trying to achieve legal status in this country.  The rewards of family reunification and the opportunity of being rewarded for hard work are very well known to me.  I have worked on cases involving marriage and family-based sponsorship, employment-based cases, and investor-based immigration cases.  I am also proud to be the President of the Board of Tennessee Immigrant and Refugee Rights Coalition (TIRRC), a non-profit organization in Tennessee. 

Citizenship

September 2012 was my five-year anniversary of becoming a permanent resident.  Eligibility to apply for citizenship is tied to this date and applications can be made 90 days prior to the fifth year anniversary.  I had been waiting for this moment for a very long time.  Therefore, three months before the fifth anniversary, I gathered all my paperwork and supporting documents and filled out the N-400. It is a pretty straightforward document and the instructions with the form are very helpful.  The most time consuming part for me was to determine with precision the dates and destinations of my trips made outside the U.S. in the past five years as I do travel quite a bit. I took this step seriously because I did not want to unintentionally leave a certain trip out and then be faulted for not being honest!! 

I have now had my fingerprinting/biometrics appointment and am awaiting notification of my interview. I am hopeful that in a few months I will be a citizen!!

______________________

*Mohammad (Mo) Ali Syed is the Managing Partner and Founding Principal of the Syed Law Firm, PLLC with offices in Nashville, Washington, D.C., and New York, NY.  He practices in the areas of dispute resolution, healthcare compliance and investigations, business litigation, international business and trade, and immigration.   He may be reached at msyed@syedfirm.com or (615) 601-0786.

Nashville Sheriff Daron Hall said today that he will not renew the 287(g) program when it expires in October. The program became an issue for the courts when Nashville attorney Elliott Ozment sued Hall's office on behalf of three legal residents who were screened and detained, claiming it does not have the authority to participate in that program under the Metro Nashville government charter. The Tennessee Supreme Court has heard arguments, and both sides are awaiting a decision in the lawsuit. Hall said today he will replace 287(g) with a program, Secure Communities, in which the fingerprints of detainees are sent electronically to federal agents who can check immigration status. WSMV has video

Tennessee Justice for our Neighbors (JFON), in cooperation with Tennessee Alliance for Legal Services, will offer training for volunteers who would like to help young immigrants apply for relief under the so-called “deferred action” program implemented by the Obama Administration. The program offers two years of protection for undocumented immigrants who were brought to the United States as children, and who meet specific requirements. Training will be held Aug. 22 and 23. At the urging of its Immigration Law Section, the TBA is hosting the Aug. 23 session and will videotape the program for JFON to use in future training. For more information about the training or subsequent clinics contact Adrienne Kittos at adrienne-tnjfon@gmail.com or (615) 788-0774. Download a brochure

The ABA House of Delegates considered a range of issues during its meeting yesterday and today in Chicago. Topping the agenda was changes to model ethics rules recommended by the Commission on Ethics 20/20. Among those proposals were changes to help younger lawyers facing a tough job market, rules for online client communications and rules for dealing with electronic files and metadata. The commission did not take a position on nonlawyer ownership of law firms, and delegates voted to postpone that issue indefinitely. Other action items included approving stricter standards on law school marketing, opposing laws that prevent physicians from talking to patients about gun ownership and safety, calling for a ban on religious profiling, calling on lawmakers to extend the statute of limitation for child sexual abuse crimes, calling for criminal defense lawyers to help clients with civil and nonlegal problems, adoption of rules governing conflicts checks when law firms merge or lawyers move to new employment, and adoption of new civil immigration detention standards.

Opponents of Arizona's controversial immigration law launched a new effort Tuesday to thwart the U.S. Supreme Court’s ruling upholding the so-called “show me your papers" provision. A suit filed in federal district court argues that the law – which requires police to check the immigration status of people they stop for other reasons – would subject minorities to systematic racial profiling and unreasonably long detentions. It asks the court to issue an order prohibiting authorities from enforcing the rule. Chattanooga’s WRCB News 3 reports

In an editorial, the Commercial Appeal says the U.S. Supreme Court's ruling this week in the Arizona immigration law case "should send a message to Tennessee's legislators that they should stop trying to pass similar legislation."

The U.S. Supreme Court today rejected key provisions in Arizona's tough anti-immigration law, but let stand controversial police checks of immigration status. In Arizona v. U.S., a 5-3 majority, led by Justice Anthony Kennedy, held that three of four provisions in the law challenged by the Obama Administration were preempted by federal immigration law. Kennedy said the three provisions were preempted because they either conflicted with federal law or because Congress has "occupied the field" with federal regulation, and "even complementary state regulation" is impermissible.

But the majority held that Section 2(B) was not preempted -- at least not until there has been experience with its application. Under that section, state officers are to make a "reasonable attempt" to determine the immigration status of any person they stop, detain or arrest on some other legitimate basis if reasonable suspicion exists that the person is unlawfully in the country. Anyone who is arrested also must have his or her immigration status determined before being released. In light of this decision, the American Bar Association called on authorities "to avoid unnecessary, prolonged detention of individuals who are lawfully present in the United States." The National Asian Pacific American Bar Association also weighed in with its reaction, saying it is concerned that "communities of color throughout our nation will be negatively targeted as a result, and that community policing efforts on the part of law enforcement will also suffer."

Read more about the decision in the Blog of Legal Times

Immigration lawyers are seeing an increase in calls from people wanting to know how to apply for deferred action through the Department of Homeland Security. Nashville attorney Elliott Ozment, for example, said he had so many people making appointments that by Monday his calendar for the week was full. But he said some are being cautious about applying for the program, saying they would prefer to wait until after the November election to see if the program will survive. Nashville News 2 looks at the issue.