Immigration Defense Attorney Daniel Shanfield Successfully Defends Client from Deportation Based on Egregious ICE Constitutional Rights Violations

Immigration Defense Attorney Daniel Shanfield Successfully Defends Client from Deportation Based on Egregious ICE Constitutional Rights Violations

In a hearing today before the San Francisco Immigration Court, Judge Joren Lyons ordered removal proceedings terminated against a client (Mr. P) represented by San Jose immigration lawyer Daniel Shanfield. The Immigration Judge ruled that ICE agents had egregiously violated Mr. P’s constitutional due process rights and right to be free of unreasonable search and seizure.

In court, Mr. P testified that on April 17, 2007, ICE agents burst into his San Jose home in a pre-dawn raid. To gain access to the property, ICE agents used an outdated administrative arrest warrant against another individual who no longer lived at Mr. P’s address. These warrants do not carry the same authority as judicial warrants, and do not permit ICE entry into a home.

When Mr. P answered the ICE agents’ knock at the door, he refused their demands to enter the home. The agents ignored him and forced their way in, pulling residents from their beds and out of the shower.

The ICE team then searched and interrogated the residents without reading their rights, and took them into immigration custody. The residents were then painfully shackled, and forced into a van for transport to ICE San Francisco headquarters.

While en route, the residents pleaded with the agents to adjust the handcuffs. After nearly an hour, the officers relented. At ICE headquarters, the residents were processed for deportation.

Of the entire group taken into custody, Mr. Shanfield’s client was the only one who demanded a hearing before an immigration judge, and the only one not deported.

Over five years of intense litigation, DHS refused to produce a single ICE agent to testify that the arrest was lawful. Based on Mr. P’s unrefuted evidence of ICE misconduct, Judge Lyons suppressed ICE’s evidence of alienage and terminated removal proceedings.

ICE Office of Chief Counsel has not yet decided whether to appeal the decision.

About the Law Office of Daniel Shanfield – Immigration Defense, PC

Attorney Daniel Shanfield (J.D., U.C. Berkeley 1996) is the founder and managing attorney of the Law Offices of Daniel Shanfield –Immigration Defense, PC with offices in San Francisco and San Jose, California to better serve the Bay Area’s immigrant community.

As the leading immigration defense organization in San Jose and South Bay, the firm has built a solid reputation for helping immigrants resolve their immigration, U.S. citizenship and criminal immigration problems throughout Northern and Southern California, Arizona, and the Western United States. Thanks to his backgrounds as a former INS Honors Program attorney, Mr. Shanfield has the insights and experience immigrants need to defend themselves in front of the Immigration Courts and USCIS.

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The Law Offices of Daniel Shanfield –Immigration Defense, PC can effectively handle all types of immigration law issues including immigration defense, green cards, citizenship and naturalization, deportation defense, bond hearings, family immigration petitions, VAWA and U visas. To learn more about the services the firm has to offer, please contact a San Jose immigration attorney by calling 408 359 4388