Speech #1140049963

Ms. Tan fled the Philippines just before her cousin was due to be released from jail. She entered the U.S. legally on a visitors visa in 1989. Ms. Tans current deportation order is the result of negligent counsel. Shirley applied for asylum in 1995. While her case appeal was pending at the Board of Immigration Appeals. her attorney failed to submit a brief to support her case. As a result. the case was dismissed. and the Board of Immigration Appeals granted Shirley voluntary departure from the United States. Shirley never received notice that the Board of Immigration Appeals granted her voluntary departure. Shirleys attorney moved offices. did not receive the order. and ultimately never informed her of the order. As a result. Shirley did not depart the United States and the grant of voluntary departure automatically became a deportation order. She learned about the deportation order for the first time on January 28. 2009. when Immigration and Customs Enforcement agents took her into immigration custody. Because of her attorneys negligent actions. Ms. Tan was denied the opportunity to present her case in U.S. immigration proceedings. Shirley later filed a complaint with the State Bar of California against her former attorney. She is not the first person to file such a complaint against this attorney.