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Detención ilegal por parte de ICE seguida por una liberación de custodia exitosa y terminación del procedimiento de deportación / remoción

February 14th, 2024

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    Nelson nació en El Salvador y entró a los Estados Unidos cruzando la frontera en 2005. Mientras cruzaba la frontera, lo atraparon, dio un nombre falso y dijo que era de México. El gobierno tomó sus huellas digitales y lo envió de regreso a México sin una orden de remoción. Cinco días después volvió a entrar a Estados Unidos y se quedó en el país desde entonces. Nelson se estableció con su esposa en New Hampshire, tuvo 2 hijos ciudadanos Americanos y se convirtió en un miembro trabajador y valioso en su comunidad. En 2015, fue detenido por el Departamento de Policía de Nashua y acusado de operación sin licencia de un vehículo motorizado. Pagó una multa y su caso fue desestimado. En enero de 2019 fue nuevamente detenido por operación sin licencia, pero esta vez fue arrestado. Fue a los tribunales, pagó una multa y su caso fue desestimado. Debido a sus encuentros con la ley decidió no volver a conducir.

    El 3 de febrero de 2020, a las 4:00 de la mañana, Nelson salió de su edificio de apartamentos con su esposa y estaba a punto de ir a trabajar como cocinero en un hotel cercano. Su esposa notó una camioneta negra frente al edificio. Nelson y su esposa entraron en su automóvil y la esposa se subió al asiento del conductor. Una vez salieron de su estacionamiento, notaron que la camioneta comenzaba a seguirlos. Después de una milla más o menos, la camioneta activó las luces de “policía” y la esposa de Nelson se detuvo en un estacionamiento vacío. Dos individuos, que luego fueron identificados como agentes de ICE, salieron del camión armas en mano y exigieron a Nelson y a su esposa que salieran del vehículo. Nelson y su esposa declinaron respetuosamente porque no vieron una razón para que los “oficiales” los detuvieran. Los oficiales colocaron una lista de nombres en la ventana y preguntaron si Nelson era alguna de las personas en esa lista. Nelson se negó a hablar con ellos y solicitó un abogado. Los oficiales amenazaron a Nelson con destruir la ventana de su vehículo y sacarlo a rastras si no salía de este. Nelson llamó a la policía de Nashua para que viniera, porque no creía que los oficiales de ICE tuvieran una razón para detenerlos. Un oficial de policía de Nashua llegó al lugar y no le ordenó a Nelson que saliera del vehículo. Uno de los oficiales de Ice recurrió a romper la ventanilla del automóvil de Nelson, arrastró violentamente a Nelson fuera del vehículo, lo tiró al suelo y lo arrestó. La esposa de Nelson también fue arrestada y posteriormente liberada.

    Nelson fue colocado en proceso de deportación y bajo custodia de ICE. La esposa de Nelson se comunicó con un abogado local en Nashua para que liberara de custodia a Nelson. Cuando una persona está bajo custodia de ICE, esta persona generalmente tiene solo una oportunidad para ser liberada por un juez de inmigración. Desafortunadamente, el abogado local no presentó adecuadamente el caso de custodia de Nelson ante el juez de inmigración y Nelson fue ordenado a permanecer detenido. Frustrada por este resultado, la esposa de Nelson fue referida a FitzGerald Law Company con la esperanza de obtener una representación adecuada en el caso de Nelson. Después de que los abogados de inmigración de FitzGerald Law Company revisaron los registros del caso, identificaron que el arresto de Nelson había violado sus derechos constitucionales. Los abogados de FitzGerald Law Company presentaron una “Moción para Reprimir”, solicitando al tribunal que no considerara la evidencia obtenida por medio de actos ilegales del gobierno. Las mociones para reprimir en los tribunales de inmigración son bastante escasas y atípicas porque la ley especifica que no están disponibles en los procedimientos de deportación a menos que haya ocurrido una “violación atroz” de los derechos del inmigrante. Durante ese tiempo, la crisis de COVID-19 golpeó al país y Nelson todavía estaba bajo custodia y en alto riesgo de contraer COVID seriamente debido a sus condiciones médicas subyacentes. Los abogados de FitzGerald Law Company presentaron una solicitud de liberación de Nelson ante la Corte de Inmigración y ante ICE. Después de una batalla prolongada, ICE liberó a Nelson de su custodia, pero su caso de deportación aún estaba en curso y todavía estaba en peligro de ser separado de sus hijos ciudadanos estadounidenses.

    La Corte de Inmigración determinó que los abogados de FitzGerald Law Company demostraron efectivamente que, según el propio informe de ICE sobre el arresto de Nelson, se había cometido una violación atroz de sus derechos otorgados por la Cuarta Enmienda de la Constitución de Estados Unidos, y ahora ICE tenía que demostrar que habían seguido todos los procedimientos estipulados por la ley y que estaban justificados en detener a Nelson de la forma en que lo habían hecho. De lo contrario, el proceso de deportación contra Nelson tenía que darse por terminado.

    ICE respondió a esta solicitud modificando el informe del incidente y agregando información falsa. Los abogados de inmigración de FitzGerald Law Company identificaron rápidamente las tergiversaciones en el informe enmendado y se opusieron enérgicamente a su introducción en el Tribunal, ofreciendo pruebas claras que desmentían el informe enmendado.

    Como resultado de la objeción, ICE se vio con la obligación de retirar el caso de la Corte de Inmigración. El proceso de remoción / deportación de Nelson fue terminado y sus derechos quedaron protegidos. Las oficinas de gobierno como ICE ejercen un poder significativo, y la administración de Trump les ha dado a creer que están incluso por encima de la ley.

    Client Reviews and Testimonials

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    Will be recommending FLC to our friends!

    We had a great experience with FitzGerald Law Company while applying for a permanent resident card. Attorney Desmond was knowledgeable and helpful throughout the confusing immigration process! Our legal assistant, Angie, was wonderful - very friendly, great communication and efficient. Will be recommending FLC to our friends!

    Jayne Procopio

    I will recommend them to my friends and family

    Excellent lawyers they do a great job i will recommend them to my friends and family they are very helpful they are always there to answer all your questions and concerns.

    Gerson Lemus

    They were attentive and helpful

    Zrinka and the team were fantastic, thoroughly the whole of the (very long) process they were attentive and helpful, and made the whole thing as smooth and painless as possible.

    Laurence Wilson

    I will forever be grateful for your service

    I used Fitzgerald Law Company for my complicated case . I personally worked with Attorney Desmond and Mrs. Zrinka. I must say that Desmond is very professional and caring. He knows the system and pays attention to all the details. The entire team is very knowledgeable, respectful and reliable. Thank you Desmond and Mrs. Zrinka for tirelessly working with me to the end. Through your support and dedication, I was granted the privilege of a green card. I will forever be grateful for your service and I pray that the Almighty God will meet you at your point of need. I would highly recommend this firm to anybody that needs Immigration Services.

    Margaret Muguku

    Desmond and his staff and absolutely fantastic and easy to work with.

    I would highly recommend Fitzgerald law company for all immigration needs. Desmond and his staff and absolutely fantastic and easy to work with.

    Joe Ryan

    I wouldn't hesitate to hire them if I needed to.

    My husband and I are going through the US immigration process through consular processing in Canada. We hit an unexpected hitch in our process, and we were panicked and seeking out attorneys who could advise us what was happening with my husband's case. This firm took my emotional call and talked me through where we were in our process, what the likely outcome and timeline was based on their past cases supported, etc. and talked through all the details of our case. We talked for a good 15-20 minutes and they didn't charge me a dime. I felt so re-assured by the end of the conversation that our case will resolve soon. We haven't gotten the visa issued just yet, but we're remaining hopeful and will be contacting this company again as soon as anything goes astray. I really appreciated their care for a potential client, considering how emotional and scary the process can be. I wouldn't hesitate to hire them if I needed to. Thank you again for taking my call, and explaining so much of the process to us. It's clear you take care of your clients, and this review felt like the least I could do as a thank you. We'll be in touch if we end up needing your services!

    Allison

    They are excellent.

    Serious, dedicated work and provide all necessary explanations to the customer, they are excellent.

    Livia Liberato

    Amazing people, excellent service. Extremely professional.

    Amazing people, excellent service. Extremely professional. They helped me a lot and I will refer anyone who needs legal help to this law office!

    Ray T.

    I highly recommend this law firm

    My entire family and I have been working with FitzGerald Law Company for many years. Desmond and his team have never given up on us! I got my green card in 2018 and my parents got theirs this year! We are so happy :) we are just waiting on my sister now, but we know she is in great hands! Thank you so much! You have changed our lives for the better <3. I highly recommend this law firm if you are having any immigration problems. My parents Etleva and Kastriot send their deepest gratitude!

    Evjo Gjura

    This is the best immigration law office in Great Boston area.

    From experience, this is the best immigration law office in Great Boston area. Very satisfied with their work. No matter how difficult your case might be, if the team accepts working with you, you are in very good hands.

    Gleni Kajdo

    I really like that they speak so many languages and can help anyone!

    FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

    Swarsatie R.

    They have been very supportive and professional

    My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

    Yoseph A.

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Natasha A.

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one’s situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Patricia M.

    A very well organized firm, experienced and professional.

    My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

    Mike A.

    They helped me with a personal injury case

    Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

    Garo M.

    Experienced, professional, and caring

    It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

    Ahmed B.

    Very professional and dedicated a lot of time to my case

    Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

    James K.

    He explained things in a way that was easily understandable and things went smoothly

    Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

    Gassim F.

    They made the process very smooth and pleasant

    Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

    Karol S.

    The team is wonderful, efficient and very helpful/ professional

    The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

    Zulia O.

    They make the process as simple as possible

    Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

    Anonymous for Firm

    They put in a lot of time into my case all the while keeping me informed of any and all developments

    A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

    Anonymous for Firm

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Anonymous for Firm

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Anonymous for Firm

    I was very happy working with them and will be happy to work with them again

    The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

    Anonymous for Firm

    I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

    Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

    Anonymous for Firm

    Will be recommending FLC to our friends!

    We had a great experience with FitzGerald Law Company while applying for a permanent resident card. Attorney Desmond was knowledgeable and helpful throughout the confusing immigration process! Our legal assistant, Angie, was wonderful - very friendly, great communication and efficient. Will be recommending FLC to our friends!

    Jayne Procopio

    I will recommend them to my friends and family

    Excellent lawyers they do a great job i will recommend them to my friends and family they are very helpful they are always there to answer all your questions and concerns.

    Gerson Lemus

    They were attentive and helpful

    Zrinka and the team were fantastic, thoroughly the whole of the (very long) process they were attentive and helpful, and made the whole thing as smooth and painless as possible.

    Laurence Wilson

    I will forever be grateful for your service

    I used Fitzgerald Law Company for my complicated case . I personally worked with Attorney Desmond and Mrs. Zrinka. I must say that Desmond is very professional and caring. He knows the system and pays attention to all the details. The entire team is very knowledgeable, respectful and reliable. Thank you Desmond and Mrs. Zrinka for tirelessly working with me to the end. Through your support and dedication, I was granted the privilege of a green card. I will forever be grateful for your service and I pray that the Almighty God will meet you at your point of need. I would highly recommend this firm to anybody that needs Immigration Services.

    Margaret Muguku

    Desmond and his staff and absolutely fantastic and easy to work with.

    I would highly recommend Fitzgerald law company for all immigration needs. Desmond and his staff and absolutely fantastic and easy to work with.

    Joe Ryan

    I wouldn't hesitate to hire them if I needed to.

    My husband and I are going through the US immigration process through consular processing in Canada. We hit an unexpected hitch in our process, and we were panicked and seeking out attorneys who could advise us what was happening with my husband's case. This firm took my emotional call and talked me through where we were in our process, what the likely outcome and timeline was based on their past cases supported, etc. and talked through all the details of our case. We talked for a good 15-20 minutes and they didn't charge me a dime. I felt so re-assured by the end of the conversation that our case will resolve soon. We haven't gotten the visa issued just yet, but we're remaining hopeful and will be contacting this company again as soon as anything goes astray. I really appreciated their care for a potential client, considering how emotional and scary the process can be. I wouldn't hesitate to hire them if I needed to. Thank you again for taking my call, and explaining so much of the process to us. It's clear you take care of your clients, and this review felt like the least I could do as a thank you. We'll be in touch if we end up needing your services!

    Allison

    They are excellent.

    Serious, dedicated work and provide all necessary explanations to the customer, they are excellent.

    Livia Liberato

    Amazing people, excellent service. Extremely professional.

    Amazing people, excellent service. Extremely professional. They helped me a lot and I will refer anyone who needs legal help to this law office!

    Ray T.

    I highly recommend this law firm

    My entire family and I have been working with FitzGerald Law Company for many years. Desmond and his team have never given up on us! I got my green card in 2018 and my parents got theirs this year! We are so happy :) we are just waiting on my sister now, but we know she is in great hands! Thank you so much! You have changed our lives for the better <3. I highly recommend this law firm if you are having any immigration problems. My parents Etleva and Kastriot send their deepest gratitude!

    Evjo Gjura

    This is the best immigration law office in Great Boston area.

    From experience, this is the best immigration law office in Great Boston area. Very satisfied with their work. No matter how difficult your case might be, if the team accepts working with you, you are in very good hands.

    Gleni Kajdo

    I really like that they speak so many languages and can help anyone!

    FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

    Swarsatie R.

    They have been very supportive and professional

    My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

    Yoseph A.

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Natasha A.

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one’s situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Patricia M.

    A very well organized firm, experienced and professional.

    My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

    Mike A.

    They helped me with a personal injury case

    Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

    Garo M.

    Experienced, professional, and caring

    It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

    Ahmed B.

    Very professional and dedicated a lot of time to my case

    Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

    James K.

    He explained things in a way that was easily understandable and things went smoothly

    Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

    Gassim F.

    They made the process very smooth and pleasant

    Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

    Karol S.

    The team is wonderful, efficient and very helpful/ professional

    The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

    Zulia O.

    They make the process as simple as possible

    Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

    Anonymous for Firm

    They put in a lot of time into my case all the while keeping me informed of any and all developments

    A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

    Anonymous for Firm

    Highly recommend their services

    My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

    Anonymous for Firm

    They are on top of everything

    The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

    Anonymous for Firm

    I was very happy working with them and will be happy to work with them again

    The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

    Anonymous for Firm

    I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

    Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

    Anonymous for Firm