IMMIGRATION COURT GRANTS FINAL SUSPENSION OF DEPORTATION TO

IRANIAN AIRCRAFT ENGINEER 

By:  Roman P. Mosqueda, Esq.

            Los Angeles Immigration Judge William J. Martin granted suspension of deportation, resulting in lawful permanent resident status, to an Iranian aircraft engineer on September 17, 2004, at his merits hearings.

            The Trial Attorney for the Department of Homeland Security, Carlos Maury, waived appeal, thereby making final the Immigration Court’s Oral Decision granting suspension of deportation .

            Thus, Kazem Fily, a 43-year old citizen of Iran, who came to the United States on March 7, 1978, as a non-immigrant student, became a lawful permanent resident of the United States on September 17, 2004.  He was born in Shiraz, Iran.

            He has never left the United States since his entry in 1978.  He earned a Bachelor of Science in Engineering (Aircraft Maintenance) degree in September 1984, from St. Louis University, Parks College, in Missouri.

Work and Immigration History: 

            Mr. Fily has worked for Hydraulics International, Inc., based in Chatsworth, California, since April of 1996.  He holds the position of Project Engineer, with excellent likelihood of continued employment.

            In fact, on or about April 27, 2001, Hydraulics International, Inc., filed an application for labor certification for him as a Field Engineer, which is under process.  But with the final grant of lawful permanent resident status to him by the Immigration Court, a labor certification is no longer needed to adjust status. 

            After graduation from Parks College of St. Louis University, he was married on October 30, 1985, to Ellise Mae Williams, a United States citizen.

            On September 22, 1987, he adjusted status to a conditional permanent resident based on his marriage to his U.S. citizen wife.

            He subsequently filed for divorce. On October 14, 1988, his marriage was dissolved by the Circuit Court of St. Louis County in Missouri.   His conditional permanent status was terminated on September 23, 1989.

            On January 23, 1992, he was placed in deportation proceedings with  the Immigration Court in Chicago, Illinois, by the issuance of an Order To Show Cause, due to the termination of his conditional permanent resident status.  Through a Chicago attorney, he applied for suspension of deportation.

For failure to appear at his hearing on June 3, 1996, he was ordered deported in absentia by Chicago Immigration Judge Craig M.  Zerbe.  He had moved to Los Angeles in 1995. 

He retained the Author to file a Motion To Reopen his deportation proceedings.  It was denied by Chicago Immigration Judge Craig M. Zerbe on September 16, 1997.  The denial was appealed by the Author to the Board of Immigration Appeals, which granted his appeal on July 27, 2001, and remanded the case to the Chicago Court for consideration of his application for suspension of deportation.

The Author filed a Motion For Change of Venue to Los Angeles on September 7, 2001.  It was granted by Chicago Immigration Judge Craig M. Zerbe on October 23, 2001.

His initial master calendar hearing with Los Angeles Immigration Judge  William J. Martin was held on January 24, 2002. 

Merits/Individual Hearing And Oral Decision: 

            The merits/individual hearing on his application for suspension of deportation was ultimately held on September 17, 2004, before Los Angeles Immigration Judge William J. Martin.

            The Author presented Mr. Fily and voluminous supporting documents, including a California Department of Justice criminal history record dated July 22, 2004.

            It showed a 2004 misdemeanor conviction for driving under the influence under Section 23152(B) of the Vehicle Code and two 2003 misdemeanor convictions for driving without licence under Section 12500(A) of the Vehicle Code.  Simple driving under the influence (DUI) is not a crime involving moral turpitude.  (See Matter of Lopez-Mesa, Int. Dec. #3423 (BIA 1999)

            He explained that her U.S. citizen sister, Royah Feily, had suffered from cancer for over a year, and died on June 4, 2004, which emotionally devastated him and caused his driving problems. He expressed apology for his crimes, and promised to become a good citizen.

            In his Oral Decision at the hearing of September 17, 2004, Los Angeles William J. Martin found that Mr. Fily was statutorily eligible for suspension of deportation because: 

(a)  he has continuously resided in the United States for more than the required seven years (before service of the Order to Show Cause); in fact, he has been here for more than one-half of his life;

(b)  he is a person of good moral character (for the requisite seven years) who has expressed remorse for his criminal convictions, and promised to have a positive contribution to this country and become a good citizen; and

(c)  he would suffer extreme hardship if returned to Iran, under the factors enumerated in Matter of Anderson, 16 I&N Dec. 596 (BIA 1978): age (43 years old), family ties in U.S. (two U.S. citizen nieces and brother-in-law), length of residency in U.S. (26-1/2 years), and condition of Iran (economic and political problems there), and  financial status (secure job since 1996). 

Judge Martin further held that the favorable factors outweigh the recent driving under the influence and Department of Motor Vehicles problems. And the application of the totality  test (enunciated in Matter of Ige, 20 I&N Dec. 880 [BIA 1994]) results in the grant of suspension of deportation.  With no opposition by the Government, the grant was final.

            After twelve and a half (12-1/2) years in deportation proceedings, Mr. Fily ultimately obtained lawful permanent resident status on September 17, 2004.