Skip to main content

Oscar De La Hoya Loses Bout, Wins Green Card

Little did Oscar De La Hoya know, that when he lost his first bout in controversial and memorable fashion to Felix Trinidad, he helped win a deserving fellow his permanent resident status.  On September 18, 1999, Felix Trinidad beat Oscar De La Hoya in a hotly disputed split decision, De La Hoya’s first professional loss.  As fate would have it, that same day, my client, Mr. Rosas arrived in Georgia, completing his long journey from Guatemala to the United States.
Fast forward twelve years.  Mr. Rosas was placed in removal proceedings after being arrested for driving without a license in Cobb County.  Having been in the U.S. for more than ten years, never been arrested, and being the father of a U.S. citizen child with Down Syndrome, Mr. Rosas was seeking Non-LPR Cancellation of Removal which would cancel his removal from the U.S. and result in Mr. Rosas obtaining his permanent residency.  There was a catch.  Mr. Rosas is completely illiterate, and given the fact that he is unable to read, never kept a single document (What was the point?  He didn’t know what the documents said.) to prove that he had been in the U.S. for the past ten years as required.  At trial, the government attorney stipulated to Mr. Rosas’ good moral character, and the fact that his U.S. citizen child would suffer exceptional and extremely unusual hardship if Mr. Rosas were removed to Guatemala. 
The only outstanding issue was whether Mr. Rosas could establish that he had been present in the United States for the requisite ten years prior to being placed in removal proceedings.  With the lack of documentation, Mr. Rosas would have to do so based on his testimony alone, a very difficult task under current immigration law.  Enter De La Hoya’s memorable loss in 1999.  Mr. Rosas testified that he knew exactly the date he came to the U.S. because, when he arrived at his friend’s house in Georgia, the De La Hoya fight was just coming to a close, and all of the friends who had gathered to view the fight were screaming in disbelief that the judges had robbed De La Hoya of a victory.  Mr. Rosas went on to provide details about the split decision, Felix Trinidad, and De La Hoya’s reaction to the loss.  His memories of the occasion were very vivid, and Mr. Rosas testified steadily, credibly and with great detail.
As luck would have it, the Judge deciding Mr. Rosas’ case is a boxing fan and recalled the De La Hoya loss to Trinidad as vividly as Mr. Rosas.  Based on Mr. Rosas’ detailed description, and the Judge’s familiarity with the fight, the Judge (and the government attorney) was convinced that Mr. Rosas had entered the U.S. in September, 1999, and therefore established his eligibility for and warranted cancellation of removal.  In short, because De La Hoya lost his fight in such memorable fashion, he helped win Mr. Rosas’ permanent residence through cancellation of removal.  On behalf of Mr. Rosas, thank you Mr. De La Hoya.  Sometimes even when you lose you win.

Comments

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America. The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds. Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups: Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans

Seven Reasons Why the Georgia Legislature Should Repeal HB-87

Recently the Alabama Attorney General called on the Alabama State Legislature to repeal parts of Alabama's horrid anti-immigration law ( HB 56), because of the "unintended" consequences of the bill (frankly, what happened was not unintended). Because of the similarity between the two laws, Georgia's Speaker of the House, David Ralston was asked whether Georgia Legislature would repeal part or all of HB 87, Georgia own anti-immigration law. HB 87 has caused almost a half a billion dollars in damage to the Georgia economy (along with untold suffering in Georgia's immigrant communities) without any noted or reported positive effect. Speaker Ralston plainly stated that the Georgia Legislature would NOT do anything to repeal HB 87 . While it understandable why a politician would not admit that a pet bill he shepherded and pushed through the state legislature was simply bad law, it is also clear that Speaker Ralston is facing a challenge on his RIGHT in th

U.S. Recognizes Five-year Extensions of Venezuelan Passport

Venezuelans received welcome news this last month when the National Assembly published a decree signed by Interim President Juan Guaido on May 21, to extend the validity of Venezuelan passports for an additional five years past their printed date of expiration. The U.S. Department of State issued a  statement ,recognizing this extension for visa issuance and consular process. They also stated that Customs and Border Patrol would recognize this decree. Obtaining a valid Venezuelan passport has been a difficult, if not impossible, task that has been a source of much concern for those seeking visas to the U.S. or have pending applications for immigration benefits. This decree will allow those currently holding a Venezuelan passport that has expired to automatically add 5 years of validity from the expiration date. While this statement can provide much needed assurance, we recommend that Venezuelans who are currently applying for an immigration benefit, including travel to the U.S. w