Kerry William Bretz

Kerry William Bretz
Firm: Bretz & Coven, LLP
Address: 305 Broadway
Suite 100
New York, NY 10007-1109
Office Hours: 8:45 AM- 6:00PM
Phone: (212) 267-2555
(917) 338-3973 (Toll Free)
Fax: (212) 267-2129
Web site:
Accepts Credit Cards

Position Areas of Practice Bar Admissions
Published Works Affiliations Representative Cases
Lawyer Profile:

Kerry Bretz , who has played a major role in challenging the retroactive application of new immigration laws and mandatory detention, is regularly consulted by the criminal defense bar and is a frequent lecturer on the immigration consequences of a criminal conviction. Mr. Bretz is quoted often in the New York Times, New York Newsday, the Daily News and other news media and has appeared on local news and radio including New York One, ABC, NBC and CBS. Mr. Bretz is on the Immigration Committees of the New York City Bar and the New York County Lawyers Association, and is a member of the American Immigration Lawyers Association. Prior to private practice, Mr. Bretz was a Trial Attorney for the Immigration and Naturalization Service.

Among our recent federal court cases of significance are the following cases: Mojica v. Reno , 970 F. Supp. 130 (E.D.N.Y. 1997), aff'd sub nom , Henderson v. Immigration and Naturalization Service , 157 F. 3d 106, (2nd Cir. 1998) (reversing the decision of the Attorney General in Matter of Soriano, the Court held that the Anti-terrorism and Effective Death Penalty Act's bar to deportation waivers may not be applied retroactively and that district courts continue to have habeas jurisdiction); Puig v. McElroy , Dkt. 97 Civ. 4411 (SHS) (LB) (S.D.N.Y.) (holding that a Cuban national who had a final order of deportation, but who could not be deported, was entitled to a bond hearing before an immigration judge); and, St. John v. McElroy , 917 F. Supp. 243 (S.D.N.Y. 1996) (holding that mandatory detention of returning lawful permanent residents is unconstitutional and ordering a due process hearing on custody (bail) before an immigration judge) (Kerry Bretz was recently awarded over $88,000 in legal fees under the Equal Access to Justice Act (EAJA) for the firm's pro bono representation of St. John and because the Government litigated this matter in bad faith).

Current Employment Position(s):

Areas of Practice:
Immigration & Naturalization
Bar Admissions:
New York, 1992
Published Works:
Basic on Habeas Corpus, AILA's Handbook on Waivers and Relief from Removal, AILA, 1999

Motion for Fees Under the Equal Access to Justice Act & Supporting Memorandum of Law, ALIA's Litigation Toolbox, AILA, 1999

AILA's Litigation Toolbox (Contributing Editor), AILA, 1999

Representative Cases:
Mojica v. Reno, 970 F. Supp. 130 (E.D.N.Y. 1997)
Henderson v. Immigration and Natuarlization Service, 157 F. 3d 106 (2nd Cir. 1998)
St. John v. McElroy, 917 F. Supp. 243 (S.D.N.Y. 1996)
Cruz-traveras v. McElory, 1996 WL 455012 (S.D.N.Y. 1993)
St. John v. McElroy, 1996 WL 49956 (S.D.N.Y. 1996)
Alba v. McElroy, 1996 WL 695811 (S.D.N.Y. 1996)
Professional Associations and Memberships:
New York City Bar
Member, Immigration Committee

New York County Lawyers Association
Member, Immigtaion Committee

American Immigration Lawyers Association

Past Employment Positions:
Immigration & Naturalization Service, Trial Attorney

West Practice Categories:
Immigration & Naturalization Law

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