Immigration Success Stories USA

The Law Offices of Grinberg & Segal, PLLC is an immigration law firm based in New York. Our firm consists of experienced United States immigration lawyers dedicated to assisting individuals and businesses navigate the tangle of United States immigration laws. Our office is located in Manhattan, New York, but we handle immigration matters throughout the United States. Our firm’s objective is to provide you with personalized attention and professional service toward achieving your immigration goals.

 

DISCLAIMER: Please be advised the results achieved in the cases mentioned below depend upon the exact facts and circumstances of that particular case. It is important to keep in mind that since no two cases are exactly the same, The Law Offices of Grinberg & Segal, PLLC cannot guarantee a specific result in any legal matter. Any results included on our website is based upon actual legal matters and represents the results achieved in that particular matter, and does not constitute a guarantee, warranty, or forecast of the outcome of any other legal matters regardless of how similar your situation may appear.

Outcome: Petition for Review Granted

We would like to share a bit of good news from The Law Offices of Grinberg & Segal.

On March 24, 2020, the United States Court of Appeals for the Second Circuit certified its decision in Persad v. Barr, 17-661 [PDF version]. Our office represented the petitioner, Mr. Dasrath D. Persad, in his appeal of a decision of the Board of Immigration Appeals (BIA) finding that his unitary sentence based on convictions for four separate offenses by a military court-martial in 1992 was categorically an aggravated felony theft offense under INA 101(a)(43)(G). I (Alexander J. Segal) presented oral arguments on behalf of Mr. Persad before a three-judge panel of the Second Circuit on October 16, 2018.

The Second Circuit ruled in favor of Mr. Persad in a very important decision. I will explain the legal issue briefly. Mr. Persad was sentenced to 30 months’ confinement for his conviction by military court-martial on four separate counts. In order for him to have been found to have committed an aggravated felony under INA 101(a)(43)(G), the Government was required to prove that he had been convicted of a theft offense for which a sentence of one year or more was imposed. Military court-martial issue what are called “unitary sentences,” that is, a single sentence for all the counts a defendant is convicted without imposing an individual sentence for each count. The question here was whether the Government could sustain its burden of establishing by clear and convincing evidence that the single theft offense count of four counts that Mr. Persad was convicted of accounted for at least 12 months of his 30-month unitary sentence.

The Second Circuit agreed with us, finding that the Government could not sustain its burden of showing that Mr. Persad was sentenced to one year or more of imprisonment for his conviction of the theft offense. Therefore, the Court concluded that Mr. Persad had not been convicted of an aggravated felony under INA 101(a)(43)(G).

This decision is not only an incredible result for Mr. Persad and our firm, but also a significant decision in the area of evaluating unitary sentences from military courts-martial and immigration consequences, in general The Second Circuit, in a matter of first impression, broadly agreed with the decision of the United States Court of Appeals for the Third Circuit in Chavez-Alvarez v. Attorney General, 783 F.3d 478 (3d Cir. 2015) – which was not binding precedent on the Second Circuit – that the Government cannot merely assume that a unitary sentence from a military court-martial applies in full to each count. We discuss Chavez-Alvarez in a comprehensive article on site [see article]. The Second Circuit’s decision here, along with Chavez-Alvarez, promises to be very important to many non-citizens who were given unitary sentences in military court-martial proceedings encompassing multiple convictions.

The Second Circuit remanded Mr. Persad’s case for further proceedings consistent with its opinion. We will continue to represent Mr. Persad and hope to prevail on remand.

We will eventually write a more comprehensive article about this important decision in Persad v. Barr. In the meantime, we will continue to update our site with important immigration-related information about the ongoing coronavirus outbreak as it becomes available.

Stay safe.

Outcome: Court granted his requests for asylum Withholding of Removal.

Respondent is a person who had escape Russia due the threats to his life there on account of his political opinion and also because of the mandatory mobilization to war with Ukraine he wanted to have nothing to do with.

Outcome: Motion to reopen is granted by the court

The Case presents an interesting set of issues having to do with the change country conditions in Iran and the plight of Iranian people in the Islamic Republic.

Outcome: I-140 Immigrant Self-Petition is granted

This is a very interesting case where an extraordinary neurosurgeon as well as business person sought to qualify as possessing extraordinary ability in business while seeking to establish important program here in the USA which is beneficial for the American National Interest as well. The case presented a number of interesting issues including the interplay between extraordinary achievements in medicine as well as in business while relying mostly on the business aspects of the resume.

Outcome: Nonimmigrant Petition is Granted

Case involves an application by a multinational company for the internal transfer of the executive to work at the company's subsidiary in the USA in order to establish a new office here.

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