IMMIGRATION GUIDE (7)
Following the defeat of his party in the November 7 elections primarily because of the Iraq issue, President Bush replaced Donald Rumsfeld with Robert Gates as Secretary of Defense, indicating that "fresh eyes" are needed to take a new look at the war and how to win it. He made the change even though he had said a week earlier that Secretary Rumsfeld will be with me until the end of my term. As they say at Yale, we may be stubborn - at times - but we are not stupid. When battles were not being won by the Union during the Civil War, President Lincoln kept changing his generals until he found one that finally won the war - Ulysses S. Grant -- who eventually became a President himself. So your immigration problem is not being resolved to your satisfaction. What can you do about it? Change lawyers? Whaaaat? You do not even have a lawyer? This article may not be for you. Those who do have a lawyer give various reasons why they do not plan to change their lawyer even if he has lost the first battle. Here are some: 1. "I am loyal to my attorney." Many people are not even loyal to their wife or husband. Why should you be loyal to your lawyer who is an NPA (Non Performing Attorney). Do you want to get that visa? Do you want to live in this land of milk and honey instead of being deported? Do not be imbued with a false sense of loyalty. Your first loyalty should be to yourself. Rumsfeld worked for President Bush for 6 years and also worked for Bush's father. Bush replaced him. Where is the loyalty there. 2. "Nakababain (shameful) to change attorney." Your attorney is probably a relative or a friend or a friend of a friend. You are not ashamed to consult another doctor for a second opinion when you are not satisfied with your first doctor's opinion or performance. Why should you be ashamed to your attorney. Would you not be ashamed to your loved ones whom you are petitioning if your petition for them is denied? And if you are deported, don't you consider it shameful to be forcibly returned in handcuffs to the land of GMA? What will your relatives and friends say? 3. "I did not know you can change your attorney?" What or who gave you the idea that you can't? You can change your spouse, your country, your doctor, your dentist, etc. Your lawyer is like an employee. Your relationship is based on trust and confidence. If you have lost trust and confidence in someone, you can terminate the relationship. 4. "I do not have any more money to pay another lawyer." The good thing about Filipinos, said a Caucasian lawyer, is that they have close family ties and a network of supportive friends. A Filipina was facing deportation. She had paid some money to her former lawyer who had withdrawn his appearance. She said that she did not have any money to pay another lawyer. She was told: "You are driving a new SUV, how can you not have any money?" Two days before her deportation hearing, she was able to raise the money for the new lawyer. Her boyfriend had gathered some funds from his employer, his personal savings, relatives, friends, etc. And she was able to raise some money from relatives and friends in the Philippines. 5. "I do not know any other lawyer." Come on. There are excellent lawyers in town. I know a few. 6. "I think my lawyer is an excellent lawyer." That is possible. He is giving your case the best he can. He knows all the laws, regulations, and precedent cases applicable to your case and has brought them to the attention of the adjudicator or judge. But still the decision is unfavorable. Do you still need "fresh eyes" for your case. Probably not a fresh lawyer but a fresh adjudicator or judge. You have to ask for reconsideration of the adverse decision or appeal it. Shortly after passing the Philippine bar, I filed my first case in Laoag. The judge invited me to his chambers. He said: "I want to congratulate you on your good showing in the bar (I had placed third). Your case has been assigned to my sala (court). I do not want to see you lose your first case. Better drop it." I was shocked. The case had not even been set for trial. I had not presented any evidence yet. How could a judge prejudge the case? The court employee who conveyed the judge's invitation asked : "Ana't kona na" (What did he tell you?) I told him what the judge said. "Ag gayyem da ngamin nga nasinged ken deyta abogado nga kalaban mo." (They are close friends with your opposing counsel). I relayed to my client what the judge told me and the court employee's comment. I offered to withdraw from the case. My client insisted: "No, no, no. no. I have faith in you. I know you can win. If we lose, we will appeal." As we predicted, the judge rendered an unfavorable decision. We appealed the case and won it on appeal. It took about 20 years to win. I had already immigrated to the U.S. when the favorable decision was rendered. (Atty. Tipon is from Laoag City. He holds a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from U.P. He practices law and writes law books. Office: 905 Umi St., Suite 201, Honolulu, HI 96819. Tel. (808) 847-1601. E-mail: filamlaw@yahoo.com. Website: www.ImmigrationServicesUSA.com. This article is for general information only and is not intended as legal advice.) |