Immigration Officials sued in Boston for Falsifying Records
USCIS officials falsified records of an asylum proceeding
Boston, Massachusetts, March 23, 2018 — Immigration attorney, Desmond P. FitzGerald, filed a lawsuit on March 16, 2018 against the Department of Homeland Security, in the U.S. District Court in Boston, because USCIS officials falsified records of an asylum proceeding. The lawsuit states that a woman who filed an application seeking asylum was ordered to appear before an immigration officer on March 14, 2018. She appeared with her attorney at the scheduled date and time, but when she did not respond to some inappropriate questions at the instruction of her attorney, she was ordered by the immigration officials to leave and was told that they would record her as having failed to appear at the interview. The next day, the Department of Homeland Security issued a notice stating that they had recorded her as not having appeared at the interview.
“An applicant for Asylum naturally faces numerous obstacles, but when government officials falsify a record of proceeding, apart from this being illegal, it makes it nearly impossible to have their asylum case approved” said attorney FitzGerald, of FitzGerald Law Company.
Failing to appear for an interview with immigration officials has drastic consequences for an immigrant, including not being eligible for a work permit as well as possibly being subjected to removal / deportation proceedings. A preliminary hearing was held on March 29, 2018 at the US District Court by Judge Saris and the government has been ordered to file their response by April 25, 2018. We will be reporting more on this as matters develop.
Media coverage of this event
This important lawsuit was covered by Boston’s NPR News Station in its program “All Things Considered“. Hear the NPR audio recording below and Read the WBUR publication: An Asylum Seeker Answered Interview Questions At An Appointment. Government Officials Say She Never Showed Up
About Desmond P. FitzGerald
Desmond P. FitzGerald is an immigration, criminal and personal injury lawyer in Boston, who has served the Massachusetts community for over 20 years. As the Principal Attorney and Managing Director of FitzGerald Law Company, Desmond has successfully litigated hundreds of immigration cases in Federal court. He has more than 20 decisions published and many of them have created precedent. Attorney FitzGerald is admitted by the Bar to practice law in MA, NH, FL, and Washington D.C. and he is an active member of the American Immigration Lawyers Association (AILA) and the National Association of Criminal Defense Lawyers (NACDL).
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