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AILA’s
Pro Bono
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Tackling Immigration Scams in Baltimore
AILA Lawyers Provide Free
Consultations to Scam Victims
Pro Bono Is a Part of Professionalism n
AILA Practice and Professionalism Center
by Travis Olsen
I
Fall 2011
American Immigration
Lawyers Association
www.aila.org
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n a monumental movement
to combat notario fraud/
UPL, the Federal Trade
Commission, Department
of Justice, Immigration and
Customs Enforcement, U.S.
Citizenship and Immigration
Services, Executive Office
for Immigration Review
and several state and local
enforcement agencies have
joined forces. As part of this
collaborative effort, the Federal
Trade Commission (FTC) filed
a complaint against LOMA
International Business Group,
Servicios Latinoamericanos de
Maryland Inc., the proprietor
Manuel Albán and his wife,
Lola Albán, neither of whom
are licensed attorneys or BIA
accredited representatives. The
“As attorneys we have
the skills and capability
necessary to support law
enforcement’s efforts
to combat the unlawful
practice of immigration
law and help the victims
correct the wrongs
perpetrated through
fraudulent acts.”
Shortly after this complaint was
filed an injunction was granted,
the defendants’ assets were frozen,
a monitor was appointed and the
FTC was granted access to the
defendant’s business premises.
With this action the agencies have
sent a clear sign that this type of
abuse will no longer be tolerated.
The FTC is able to obtain financial
restitution for the Albáns’
victims, but providing adequate
legal advice and representation
fell to the local community of
immigration attorneys.
complaint alleges that “since at
least February 2001, defendants
have advertised, marketed,
sold and provided immigration
services to consumers” in the
Baltimore, Maryland area. Over
the past ten years the defendants
have allegedly filed at least 600
immigration applications. “Over
half were denied or were rejected
by USCIS.”
This is when AILA National and
the AILA DC Chapter became
involved in this restitution process
by providing free consultations to
the Albáns’ victims and low-cost
representation when potential
relief was available. The AILA
DC Chapter along with the
AILA National, the Maryland
Immigrant Rights Coalition and
CONTINUED on pg. 2 >>
u ISSUE HIGHLIGHTS: Spotlight on Maggio + Kattar 3 AILA Sponsors Training in New York 4 Chapters Happenings 5 AIC Takes Stand Against DHS 6
AILA InfoNet Doc. No. 11120867. (Posted 12/08/11)
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FROM pg. 1 >>
Catholic Charities Immigration Legal Services (ILS) of
Baltimore began planning several pro bono clinics for
the victims. As news of the clinics was disseminated
throughout the DC Chapter, attorneys quickly and
enthusiastically volunteered their time, knowledge and
experience to this effort.
A key component of these notario fraud clinics was
to locate the victims and publicize the event. AILA
worked with the FTC monitor who compiled a list
of the Albáns’ known victims. The organizations
began contacting the individuals, first through flyers
in the mail and then by phone, informing them of
the complaint filed against the Albáns and the free
consultations offered.
Generally in a pro bono clinic for citizenship or refugee
adjustment of status, an immigration application is prepared on the spot and given to the applicant to file. The
notario fraud clinics, however, operated differently because only a consultation would be provided at the time.
Clients left the notario fraud clinics after learning what
potential relief might be available to them, and those
who wished were referred to DC Chapter attorneys who
had previously agreed to provide legal representation to
the participants of the clinic at no or reduced cost.
In addition to a consultation and attorney referral, the
victims were also given information about potential
civil action they could take to recoup the money paid
to the Albáns. The Maryland Immigrant Consultant
Act creates a per se violation for completion of an
immigration form by a non-attorney on behalf of
another for a fee. The Act provides for damages and
attorney’s fees. General presentations were given to the
victims during the clinics and those interested parties
were referred to competent civil litigators.
During the three clinic days, dozens of notario
fraud victims were given legal advice by competent,
experienced immigration attorneys and referrals were
provided to pursue potential immigration relief and
monetary restitution. With the assistance of AILA
National, local attorneys, and other interested parties,
ILS was able to organize the clinics and provide a
service. As attorneys we have the skills and capability
necessary to support law enforcement’s efforts to
combat the unlawful practice of immigration law
and help the victims correct the wrongs perpetrated
through fraudulent acts. Hopefully the recent clinics
in Baltimore are only the first in many more to come
throughout the country.
Travis Olsen is the vice chair of the Unlawful Practice of
Law Committee for the AILA DC Chapter and a practicing immigration attorney. He is the author of “Combating Notario Fraud Locally,” which will be published
in the Berkeley La Raza Law Journal in Spring 2012.
A New Resource from AILA
for Chapter Pro Bono Programs
AILA recently released a new resource, the
AILA Chapter Pro Bono Manual: A Guide for
Developing and Sustaining Effective Pro Bono
Programs. The Manual, developed by the AILA
National Pro Bono Services Committee, presents
guidelines, ideas and suggestions for organizing
Chapter pro bono programs.
It includes suggestions for generating greater
chapter commitment to pro bono service, for
developing an annual agenda of pro bono activities responsive to local community needs, for
effectively communicating the chapter’s pro bono
goals and accomplishments to chapter members
and for institutionalizing chapter pro bono programs. “We hope the Manual will help our Chapters create and sustain a professional culture
that values pro bono service,” said Ken Mayeaux,
a member of the National Pro Bono Services Committee involved in the manual’s development.
DOWNLOAD NOW!
SPREAD THE WORD: In response to the proliferation of immigration scams (notario fraud and the unauthorized practice of immigration law) across the nation, in 2009
AILA launched its stand-alone consumer protection website: www.stopnotariofraud.org. Aimed at providing useful facts, up-to-date news, and comprehensive resources for both
consumers/victims and licensed attorneys, this site has proven an invaluable source of information. The website is also available in Spanish (www.parefraudenotarial.org), with
plans for translation into additional languages in the upcoming year. We invite you to use the badges to link to it from your practice’s website, as well as for an addition to your
signature block. You can download the badges on InfoNet. Help spread the word and keep fighting against fraudulent immigration consultants in your part of the world.
AILA InfoNet Doc. No. 11120867. (Posted 12/08/11)
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Spotlight u Firm Carries on Michael Maggio’s Pro Bono Legacy
immigration community forums to
continue building an informed network
of immigration advocates, Maggio +
Kattar attorneys provide pro bono legal
services and also serve as mentors for
DC-area non-profit organizations.
Maggio + Kattar PC
Washington, D.C.
Top left, clockwise: Anna Marie Gallagher,
Dree Collopy, Margaret Hobbins
T
hroughout his over 30-year
career championing the rights
of non-citizens, Michael Maggio
displayed a deep commitment to justice
and pro bono service, making his own
expertise, and that of his firm, widely
available to those in need. Michael’s
impact has continued to this day, not
only in the lives of the innumerable
non-citizens that he assisted, but also
in the commitment to zealous and
skilled advocacy and passion for service
that he instilled in his colleagues and
students. Today, Maggio + Kattar
carries on Maggio’s legacy, honoring
him with continued service to those in
need. In addition to hosting quarterly
Maggio + Kattar attorneys have continued to take on complicated individual pro bono matters, fighting for the
rights of those who are most in need
of zealous and skilled legal representation, while also seeking to push the law
in challenging legal areas, such as motions to suppress evidence, gang-based
asylum claims, VAWA and U visa petitions, as well as Motions to Reopen
based on compelling humanitarian
factors. For instance, Maggio + Kattar Attorney Meg Hobbins’ dedicated
work on the issue of Motions to Suppress Evidence in Immigration Court
is best embodied by her two pro bono
clients, who were victims of an illegal
home raid by ICE officers at 5:00 a.m.
The wife was four months pregnant
and the couple was sleeping in their
bed when ICE officers broke down
their bedroom door, threw the husband to the floor, and held them both
at gunpoint. Maggio + Kattar filed motions to suppress the evidence obtained
during that raid and to terminate
proceedings. When the motions were
denied by the Immigration Court,
Maggio + Kattar refused to give up and
successfully represented the husband
in renewing his TPS application before
the court, while also appealing the
wife’s suppression motion denial to the
Board of Immigration Appeals. When
asked about her commitment to this
work, Ms. Hobbins remarked, “In spite
of the hostile reception that suppression motions often receive, it is always
rewarding to challenge the constitutional and regulatory violations that
have become commonplace during
ICE enforcement actions.”
Another example of Maggio +
Kattar’s ongoing commitment to pro
bono service is Shareholder Anna
Gallagher’s pro bono representation
of several individuals who are seeking
asylum before the Immigration Courts
based on their fear of persecution at
the hands of gang members in Central
America. Ms. Gallagher represents a
brother and sister from El Salvador
who fled their home country in fear
of the growing gang violence. She
also represents a young woman from
Today, Maggio + Kattar carries on
Maggio’s legacy, honoring him with
continued service to those in need.
AILA InfoNet Doc. No. 11120867. (Posted 12/08/11)
Honduras who fled to the United States
after the father of her child, a member
of a notorious gang in Honduras,
threatened to kill her. In discussing this
pro bono work, Ms. Gallagher says,
“As immigration attorneys fighting for
those who are most in need of zealous
advocacy, it is not only our duty to
represent pro bono clients, but it is also
our duty to recognize areas of the law
that need to change and to push for
those changes through litigation.”
Maggio + Kattar Senior Attorney
Dree Collopy also takes great pride
in serving the community through
zealous and skilled pro bono
representation, as well as service on
multiple pro bono committees. Ms.
Collopy currently represents a citizen
of El Salvador in seeking a stay of
removal and a U visa. Maggio + Kattar’s
client was a victim of years of domestic
violence in the United States, which
culminated in her being stabbed by her
abuser and hospitalized. In speaking
about her pro bono work, Ms. Collopy
says, “Michael Maggio was an inspiring
teacher and mentor. It is a great honor
to carry on his legacy by serving the
most vulnerable of populations with
passion and dedication in order to
advance protection of, and respect for,
non-citizens and their families.”
www.aila.org 3
AILA Sponsors Pro Bono Immigration Training in New York
by Careen Shannon
I
nspired by a joint federal agency
initiative to combat what has come
to be known as “notario fraud,” AILA’s national office and New York chapter—in conjunction with the New York
State Bar Association Special Committee on Immigration Representation and
in cooperation with Judge Robert A.
Katzmann’s Study Group on Immigrant
Representation—put together two fourhour sessions of training on immigration law for non-immigration lawyers
that attracted more than 200 participants on two consecutive evenings in
August 2011. The goal was to help expand the pool of lawyers who can assist
in pro bono immigration matters in the
New York metropolitan area.
In June 2011, the Department of Homeland Security, Department of Justice
(DOJ) and Federal Trade Commission
announced a nationwide, multi-agency
initiative to combat immigration services scams. The initiative targets scams involving the unauthorized practice of immigration law by persons who are neither licensed attorneys nor non-lawyer
representatives accredited by the Board
of Immigration Appeals. This type of
fraud, which is perpetrated against vulnerable immigrants around the country,
is described as “notario fraud.”
According to a June 9, 2011 news release about the new initiative, in the last
year DOJ has worked with investigators
at the Federal Bureau of Investigation,
Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services (USCIS), as well as
with state and local partners, to secure
a number of convictions with sentences
of up to eight years in prison, and
forfeiture and restitution of over $1.8
million. This is in addition to the many
actions at the state and local levels that
have been filed against individuals and
businesses engaged in immigration
service scams. DOJ is investigating and
prosecuting dozens of cases against notarios and other non-lawyers, focusing
efforts initially on seven cities around
the country: Atlanta, Baltimore, Detroit, Fresno, Los Angeles, New York,
TAKING ACTION:
Be sure to visit AILA’s
anti-notario website,
stopnotariofraud.org.
and San Antonio. USCIS also provides
information on how immigrants can
file a complaint or find a legitimate service provider.
Drawing on faculty from the immigration bar in New York, and kicking off
with introductory remarks by Judge
Katzmann of the U.S. Court of Appeals
for the Second Circuit, the training in
New York provided attorneys with an
overview of the immigration system
and the various government agencies
involved; the basics of both family- and
employment-based immigrant and
nonimmigrant visas; adjustment of
status versus consular processing; inadmissibility and removability; immigration court procedures; asylum, refugee
status, and special programs such as
temporary protected status.
Speakers included Jason Abrams, Kerry
W. Bretz, Jan Brown, Margaret Catillaz,
Matthew Dunn, Robert N. Gottfried,
Jeffrey A. Heller, David Katona, Allen E.
Kaye, Linda Kenepaske, Joanne Macri
and Labe Richman. In addition, Mary
L. Smith from the U.S. Department of
Justice and Judge Douglas Schoppert
from the Executive Office for Immigration Review (New York Immigration
Court) also spoke.
Lawyers who completed the training
will be paired with experienced AILA
attorney-mentors to take on pro bono
clients who have been victimized by
notarios. AILA also plans to organize a
pro bono legal clinic in New York City
to assist victims identified through any
upcoming federal enforcement actions.
Careen Shannon is Of Counsel at
Fragomen, Del Rey, Bernsen & Loewy,
LLP, and the co-author of the Fragomen immigration handbooks. She is
also an adjunct professor of immigration law at the Benjamin N. Cardozo
School of Law.
AILA InfoNet Doc. No. 11120867. (Posted 12/08/11)
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SOUTHERN CALIFORNIA
CHAPTER HAPPENINGS: MICHIGAN
In preparation for the next presidential election, the AILA Southern California Chapter partnered with local non-profit organizations to support the push towards naturalizing the reported 1.4
million Southern California eligible lawful permanent residents.
AILA Southern California partnered with the National Association of Latino Elected Officials (NALEO), Asian Pacific American
Legal Center (APALC), and the Coalition for Humane Immigrant
Rights of Los Angeles (CHIRLA) in coordinating five naturalization workshops in Southern California. AILA Southern California
Chapter members volunteered in these workshops helping
hundreds of applicants and will continue to participate in similar
workshops in the upcoming months. The Chapter will also
participate in AILA’s upcoming 2012 National Citizenship Day.
Furthermore, AILA Southern California also partnered with
APALC and the UCLA Labor Center in sponsoring an immigration clinic for DREAM Act students where attorneys provided
consultation and immigration advice to students in connection with the recent DHS policy shift away from low-priority
removal cases.
Throughout 2011, the AILA Southern California Chapter Pro
Bono Network, comprised of a committee of experienced AILA
attorneys, and AILA Southern California Chapter attorneys
continued to serve the Los Angeles community by providing
free legal services and consultation to unrepresented indigent
respondents in removal proceedings before the Los Angeles Immigration Court. The program served non-detained respondents
in removal proceedings before the Los Angeles Immigration
Court and placed approximately 25 cases.
On November 3, the Michigan AILA Chapter
co-hosted a pro bono training with Freedom
House and the Immigration Law Clinic at
the University of Detroit, Mercy School of
Law. Sixty-five pro bono attorneys attended
the all-day training, which featured a primer
on asylum law and several nuts-and-bolts
discussions with experienced asylum attorneys regarding preparing affirmative asylum
claims and representing asylum claimants in
Immigration Court. Immigration Judge Elizabeth A. Hacker delivered the keynote address
and noted that only the actions of pro bono
attorneys keep many indigent asylum seekers
from being returned to face persecution and
death. The program facilitated experienced
attorneys mentoring newer lawyers in representing clients from Freedom House.
CHAPTER HAPPENINGS: COLORADO
Each year, over 8,000 children make their way to the United
States without a parent or legal guardian and are put into the
custody of the U.S. government. Many are arrested at the border,
but then placed with family members or in federal foster care
in states like Colorado. Recognizing the need for legal counsel
for these children, a new partnership has formed between the
American Bar Association, the Denver Immigration Court, the
Rocky Mountain Immigrant Advocacy Network (RMIAN), Kids
in Need of Defense (KIND), and the Colorado Chapter of AILA
to ensure that children who are placed in removal proceedings
receive the protections they deserve.
On October 21, 2011, Denver Immigration Judge Mimi E.
Tsankov, attorneys from Kids In Need of Defense (KIND), and
RMIAN’s Children’s Program Attorneys trained 50 prospective
pro bono attorneys on representing unaccompanied children in
removal proceedings. The program was part of the Annual Fall
Conference of the ABA’s General Practice Solo Practitioners and
Small Firm Division. The event kicked off a three-year commitment by the ABA to support pro bono representation of children
facing deportation.
Moving forward, the Denver Immigration Court is working
to create a special children’s docket that will allow for more
child-friendly court experiences and greater access to pro bono
attorneys for this vulnerable population. As a part of this docket,
RMIAN will provide know-your-rights presentations/individual
consultations to unaccompanied children in removal proceedings and Colorado AILA Chapter members will provide pro bono
representation.
AILA InfoNet Doc. No. 11120867. (Posted 12/08/11)
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OPINION
CHAPTER HAPPENINGS: ATLANTA, GA
AIC Makes Stand Against DHS Policy
by Ken Mayeaux and Mark Shmueli
T
he AIC filed suit November 8, 2011, against
DHS to compel the release of records relating
to noncitizens’ access to counsel before
USCIS and CBP due to the mounting evidence that
the agency routinely denies attorney involvement.
While access to counsel is certainly pervasive at
USCIS and CBP, nowhere is it more evident than
in the case of ICE detainees. By placing detention
centers far from immigration attorneys, moving
detainees arbitrarily throughout the country with a
concern more for bed space than access to counsel,
family, and friends, DHS has served to foster an
atmosphere in which access to counsel, fee based or
pro bono, has been severely restricted.
After many years of discussions, EOIR is seriously
examining the appointment of counsel for children
and mentally incompetent respondents. As such,
the role of pro bono attorneys has become more
crucial both because of the immense need and to
assure that the system works in a more just manner.
Many detained calendars proceed with few or
no attorneys present for any of the respondents.
As DHS continues to mandate the use of Secure
Communities and encourage the use of 287(g)
programs with local police, which overloads
both detentions centers and courts in its blind
adherence to the congressional mandate to deport
400,000, AILA, as the central immigration lawyers
organization, must play a greater role to make sure
to not only use the powers of liaison work to assure
access to counsel but also to provide representation.
It is in that light that the AILA Pro Bono Services
Committee is continuing its mission to assist local
chapters in working closely with the courts, local
community based organizations, state and local
bar associations and other interested organizations
to provide representation to as many individuals
as possible. Until DHS ceases its policies, which
have both thwarted its own enforcement priorities
and left in its wake an overwhelming number
of detainees, AILA attorneys must vigorously
advocate for an end to these inhumane policies.
We must also offer our army of attorneys and other
resources to ensure vulnerable immigrants get the
representation they need.
Ken Mayeaux and Mark Shmueli represent AILA’s
National Pro Bono Services Committee. Mayeaux
is a law professor in Baton Rouge, LA. Shmueli is
in private practice in Takoma Park, MD.
MISS AN ISSUE? No Sweat. Check out AILA’s archive.
The AILA Atlanta Chapter has been extremely busy with various pro bono projects this fall. In addition to the annual AILA
Citizenship Day held in March, the AILA Atlanta Chapter in
conjunction with the Georgia Association of Elected Latino
Officials hosted a Fall Citizenship Day on November 12th,
2011. The Latin American Association and Catholic Charities of
Atlanta were the host sites for this event which was supported by
volunteer attorneys from the AILA Atlanta chapter, law students
and community advocates.
The ACLU of Georgia has also wrapped up its initial stage of the
Immigration Detention Human Rights Documentation Project this
fall with reports published in 2012. The project seeks to detail the
current conditions at Stewart Detention Center and Irwin County
Detention Center and to highlight the inadequacies of the current
detention system in Georgia. Attorneys and law students traveled
to these centers, which are many hours away from Atlanta, to
interview detainees about various aspects of their incarceration.
Finally, the AILA Atlanta Military Assistance Program Committee
held an event for Moody Air Force Base at the State Bar of Georgia
on November 17, 2011. A representative from USCIS spoke about
military naturalization and several AILA attorneys spoke on a wide
array of topics including family adjustment of status, consular
processing, criminal issues, and consular processing.
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