Read the Latest News at The Fogle Law Firm, LLC

February 19, 2010

The Fogle Law Firm wins another published precendent decision in the U.S. Court of Appeals for the Eleventh Circuit. 

The U.S. Court of Appeals for the Eleventh Circuit has granted a petition for review filed by The Fogle Law Firm, LLC on behalf of one of its clients and published the decision as a precendent, which must be followed all future cases.  In Diallo v. U.S. Atty. Gen. __ F3d. ____ (11th Cir. 2010), the Court reversed the finding of  Board of Immigration Appeals and Atlanta based U.S. Immigration Judge, Dan Pelletier, that Mr. Diallo, who escaped from a jail where he was being held after being told by the soldiers who held him that he was going to be killed the next day, was not subjected to persecution because he was able to escape harm.  In reversing the decision below, the Eleventh Circuit stated:

“We may consider a threatening act against another as evidence that the petitioner suffered persecution where that act concomitantly threatens the petitioner.”   De Santamaria, 525 F.3d at 1009 n. 7. In this case, Diallo was also threatened with death by the same soldiers who had already killed his brother. He was able to avoid the same fate as his brother by escaping.

Moreover, the violence accompanying a credible death threat need not successfully accomplish its goal. A credible death threat by a person who has the immediate ability to act on it constitutes persecution regardless of whether the threat is successfully carried out. Sanchez Jimenez, 492 F.3d at 1233. In Diallo's case, we are presented with such a set of facts, and on these facts, we are compelled to conclude that Diallo suffered past persecution. We can see no reason why Diallo should have had to stay in his country-awaiting his death at the hands of the soldiers who killed his brother-to succeed on his claim of past persecution. To the contrary, we conclude that the government's failure to carry out its credible death threat does not defeat Diallo's claim of past persecution.

"This is confirmation by perhaps the most conservative Court of Appeals in the country of what I have been arguing for years," said Glenn Fogle, who argued the case before a panel of the Court in December 2009.  "Atlanta Immigration Judges, the BIA and the Department of Homeland Security attorneys have repeatedly argued and held that people who escape injury are not victims of past persecution because they were lucky enough not to be harmed by their persecutors because they escaped or dodged bullets, etc.," Fogle continued, "this logic is absolutely absurd--and the Eleventh Circuit thought so too.  In fact during the oral argument one of the Judges was actually laughing in disbelief at the Government's position--that my client should not have escaped being killed in order to prove persecution!  This the ruling in this decision will help prevent the U.S. Government attorneys and Immigration Judges from relying on a lack of injury or other harm in arguing that applicants for asylum were not persecuted or do not fear future persecution from the governments of their home country or groups that those governments cannot control."

August 2009

Chambers and Partners USA again names Glenn Fogle and The Fogle Law Firm, LLC among top Georgia Immigration Lawyers and Law Firms

The prestigious international attorney rating firm of Chambers and Partners has again named Glenn Fogle and now includes The Fogle Law Firm, LLC as among the top Immigration Law firms in Georgia in its 2009 edition.  The entry states:    

 Glenn Fogle is "a strong litigator and go-to expert on immigration removal." His practice has grown in tandem with the increasingly litigious nature of US immigration work.

Link to Chambers and Partners USA 2009 Georgia Immigration Report

August 15, 2009

Attorney, Jama A. Ibrahim, leaves The Fogle Law Firm, LLC

Jama A. Ibrahim, who started with The Fogle Law Firm as a law clerk in September 1999 and joined as an attorney in October 2002, has decided to leave the firm to pursue other opportunities.  We wish him the best in his future endevors.

July 22, 2009   

The Fogle Law Firm, LLC starts a fanpage on Facebook

Become a fan of the firm on facebook and follow posts, articles and other information:

http://www.facebook.com/pages/Atlanta-GA/The-Fogle-Law-Firm-LLC/131335653985

March 31, 2009

The Fogle Law Firm, LLC wins another BIA case: BIA grants motion to reopen based on ineffective assistance of counsel

The Board of Immigration Appeals (BIA) granted The Fogle Law Firm's motion to reopen for ineffective assistance of counsel for a client who's case was denied by the Immgiration Court in Hawaii and upheld by the BIA on appeal.  The Immigration Judge refused to hear the client's adjustment of status application case because the fingerprints had not been timely submitted to the court by the client's former attorney and the attorney had not filed a motion to continue the case with the court.  The Fogle Law firm filed a motion to reopen based on ineffective assistance of counsel after the BIA upheld the Immigration Judge's decision denying the client's adjustment of status and ordering her removed (deported) to Korea despite the fact that she was married and fully qualified to obtain her permanent residence.  The BIA in its decision agreed that the client was prejudiced by former counsel's failure to perform the actions the court required and also by his failure to inform the court that a previous arrest ended up being dismissed--which was one of the reasons the Immigration Judge refused to hear the case.  The BIA sent the case back to the Immigration Court to hold a hearing on the client's adjustment of status application.

January 2, 2009

The Fogle Law Firm, LLC wins another case in the Eleventh Circuit Court of Appeals

The Fogle Law Firm, LLC has acheived another reversal of the Board of Immigration Appeals (BIA), by the Eleventh Circuit in Atlanta.  The Court in Celestino-Contreras v. U.S. Atty. Gen., (11th Cir. Case No. 08-11465, 2008), found the BIA erred by upholding an Atlanta Immigration Judge's denial of a Colombian family's asylum and withholding applications and found that the prinicpal applicant was persecuted in the past by the FARC rebels in Colombia and qualified for withholding of removal.  The Court remanded the case to the BIA to determine whether the other family members qualified for withholding.  "This is further proof that the Eleventh Circuit is not going to stand by and let the BIA 'rubber-stamp' bad Immigration Judge decisions," said Glenn Fogle, Principal Member of the firm.  Leslie Diaz, of The Fogle Law Firm was the primary writer of the brief in this case.

January 1, 2009

The Fogle Law Firm, LLC moves into Expanded Office Space

The Fogle Law Firm has moved into expanded refurbished space on the same floor in their office building and changed suite numbers from 709 to 700.

September 8, 2008

The Fogle Law Firm, LLC wins Iranian Asylum Case in Atlanta Immigration Court

Glenn Fogle of The Fogle Law Firm, LLC represented an Iranian woman who had converted to Christianity and her two children before Judge Wayne K. Houser in the Atlanta Immigation Court today.  After hearing the testimony in the case, which was refered (not granted) to the court by the Asylum Office, Judge Houser found the the woman had converted to Christianity and had a well-founded fear of perscution if she presently returned to Iran.  Consequently, he granted asylum to the woman and her children and DHS waived appeal.  "This is one of the most satisfying aspects of practicing Immigration Law,"  Mr. Fogle said, "to be able to make a difference in someone's life, and in this case to enable this woman and her family to follow Christ in freedom."

September 5, 2008

H. Glenn Fogle, Jr. Speaking at the Georgia ACLU Annual Meeting

Glenn Fogle of The Fogle Law Firm, LLC has been invited to speak to the Georgia branch of the American Civil Liberties Union (ACLU) Annual Meeting on September 12, 2008.  Mr. Fogle will be teaching a seminar on filing and trying a habeas corpus case in Federal Court for immigrants who are illegally detained by the Department of Homeland Security which will be credit towards Continuing Legal Education (CLE). 

For more infomation click here:  http://www.acluga.org/conferencereg.html

September 4, 2008

The Fogle Law Firm, LLC Opening a Branch Office in Charlotte, North Carolina

The Fogle Law Firm, LLC has announced that it will be opening an office in Charlotte, North Carolina, home of the the newest U.S. Immigation Court.  The Atlanta Immigration Court currently has jurisdiction over cases of people living in North and South Carolina.  The Charlotte Immigration Court will take over juridiction of those cases and all new cases arising in the Carolinas.  Glenn Fogle, Principal Member of The Fogle Law Firm, stated, "This is our first branch office will be a base to serve our current clients in immigration proceedings in the Carolinas and we will be actively seeking to become a major player in the Immigration Law field Charlotte and throughout both North and South Carolina.  It is also a sort of homecoming to me as I attendend both high school in Charlotte and Davidson College, located in the Charlotte area."

August 27, 2008

The Fogle Law Firm, LLC wins Afgan Asylum Case in Atlanta Immigration Court

Glenn Fogle of The Fogle Law Firm, LLC obtained a grant of asylum for an Afgan man before Judge J. Dan Pelletier in the Atlanta Immigration Court today.  The man's father had been killed by the Taliban for educating young children, including girls, in his home.  Judge Pelletier found the man credible and also that he met one of the exceptions for filing asylum beyond the one year of entry and granted the case based upon past persecution.

June 19, 2008

Glenn Fogle of The Fogle Law Firm, LLC mentioned in the top Georgia Immigration Lawyers in Chambers and Partners USA Lawyers Guide

Chambers and Partners, Ltd., the highly respected world-wide lawyer evaluation and rating agency recently included Glenn Fogle in its group of notable Georgia Immigration Lawyers, stating:  The “quietly tenacious” Glenn Fogle , of Fogle Law Firm LLC, “has made a great name for himself in deportation defense” after several recent high-profile cases in the Federal Court of Appeals circuits.

To see this section click here: 

http://www.chambersandpartners.co.uk/usa/resultseditorial.aspx?cid=258&pid=31&solbar=1&grouptype=1#380137 

The Fogle Law Firm wins bond appeal to the Board of Immigration Appeals.  March 21, 2008

The latest success with the Board of Immigration Appeals (BIA) from The Fogle Law Firm is a reversal of Atlanta Immigration Judge Jonathan D. Pelletier's denial of their motion to release their client on bond.  Judge Pelletier ruled that the client, a permanent resident who had a fourteen year old aggravated assault conviction, with no further criminal history, was a danger to the community.  A three member panel of the BIA, agreed with attorney H. Glenn Fogle, Jr., reversed Judge Pelletier and found the client was not a danger to the community and should be given a reasonable bond to insure his appearance at future hearings.  The BIA sent the case back to the Immigration Judge who then set a reasonable bond. 

The Fogle Law Firm wins another precedent decision in the Eleventh Circuit Court of Appeals.  January 28, 2008

    H. Glenn Fogle, Jr. of The Fogle Law Firm, LLC argued the case of Cisneros v. U.S. Attorney General before a three judge panel in the Eleventh Circuit Court of Appeals on December 12, 2007.  The case concerned the denial of a motion to reopen an Immigration Court case where the clients failed to attend the court hearing in Atlanta because an individual they thought was an attoney told them he had moved their case to another venue.  Immigration Judge Grace A. Sease denied the motion to reopen, stating that they should not have listened to the person they thought was their attorney.  The BIA upheld the Judge's decision and also found the motion was number barred, without considering the merits of the motion.  "The government got hammered in oral argument," stated Mr. Fogle afterwords, "I felt the law was clearly on our side in this case."

    The Eleventh Circuit held the BIA abused their discretion and failed to follow their own precedent in denying the motion.  It was the first time the Elventh Circuit has held that following the advice of a non-attorney consitutes an exceptional circumstance for failure to appear at an Immigration Court hearing.  "This ruling will help a lot of people who fall into the unfortunate trap of being deceived by con-artists posing as Immigration attorneys and advisors," commented Mr. Fogle on the published decision.  Leslie Diaz of The Fogle Law Firm, LLC assisted greatly on the brief in this case.  Click on the highlighted name of the case above for a link to this decision or look in the "Cases Won" section of the website.