Fearing for her safety, Ms. Tan fled
the Philippines just before her cousin was due to be released from
jail. She entered the United States legally on a visitor's visa in
1989. Ms. Tan's current deportation order is the result of negligent
counsel. She 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. Ms. Tan never received notice that the Board of Immigration Appeals
granted her voluntary departure. Her attorney moved offices, did not
receive the order, and ultimately never informed her of the order. As a
result, Ms. Tan did not depart the United States and the grant of
voluntary departure automatically led to a removal 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 attorney's negligent actions, Ms. Tan was denied the
opportunity to present her case in immigration proceedings. She 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.
Keywords matched
immigration visa Immigration deportation