H. Raymond Fasano
A. Practice and background H. Raymond Fasano:
I. Court admissions:
New York State Bar on January 10, 1996; United States District Court for the Eastern District of New York, the United States District Court for the Southern District of New York, the United States Court of Appeals for the Second Circuit, the United States Court of Appeals for the First Circuit, the United States Court of Appeals for the Third Circuit, the United States Court of Appeals for the Fourth Circuit, the United States Court of Appeals for the Fifth Circuit, the United States Court of Appeals for the Seventh Circuit, United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the Eleventh Circuit.
II. Areas of practice:
My practice is dedicated to Immigration and Nationality Law from hearings before Immigration Courts to Appeals in the Federal Circuit Court of Appeals. I have successfully litigated many petitions for review in Circuit Courts through out the nation. I am counsel to the criminal bar as an immigration consultant regarding the immigration consequences of convictions. On May 20, 2011, I was appointed by the New York State Bar Association to serve as a member on its newly formed Special Committee on Immigration Representation.
III. Cases of interest:
The following are published decisions on which I was attorney of record: Gashi v. Holder, 2012 WL 6572970 (2d Cir. 2012); Zheng v. Holder, 672 F.3d 178 (2d Cir. 2012); Lewis v. Holder, 625 F.3d 65 (2d Cir. 2010); Belachova v. Mukasey, 547 F.3d 374 (2d Cir. 2008); Mei Juan Zheng v. Mukasey, 514 F.3d 176 (2d Cir. 2008); Picca v. Mukasey, 512 F.3d 75 (2d Cir. 2008); Rafiq v. Gonzales, 468 F.3d 165 (2d Cir. 2006); Rizal v. Gonzales, 442 F.3d 84 (2d Cir. 2006); and Yi-Tu Lian v. Ashcroft, 379 F.3d 457 (7th Cir. 2004).
IV. Professional activities:
I am the Chair of the Federal Bar Association’s (FBA) Immigration Law Section. As Chair of the Committee I am responsible for appointing the Board that consists of Immigration Judges, government lawyers and prominent immigration lawyers from around the United States. I set the agenda for monthly Board meetings, appoint committee members and organize national continuing legal education classes on a national level. I speak and write nationally for the FBA.
I am an active member of the American Immigration Lawyers’ Association (AILA). I am the past Chair of AILA’s New York Chapter Federal Practice Committee. I speak and write nationally for AILA.
I am a speaker for the New York State Association of Criminal Defense Lawyers (NYSACDL) on the topic of the immigration consequences of criminal convictions. I am considered a reference resource for NYSACDL’s membership.
One of my most distinguished speaking engagements occurred in 2011 when I was invited to speak by the New York County Lawyers’ Association for its Committee on Federal Courts to participate on a panel entitled “Litigating Immigration Cases in the Second Circuit.” Panelists included Second Circuit Judge Robert A. Katzman and Elizabeth Cronin, Director of Legal Affairs at the Second Circuit.
The New York Law Journal ran a cover story article on my case Gashi v. Holder after the Second Circuit Court of Appeals agreed with my argument that Mr. Gashi deserved asylum status because he met the definition of a particular social group as a witness to war crimes in Kosovo. See “Denial of Asylum to Serbian Found In Error,” The New York Law Journal, December 19, 2012, p. 1.
The New York Times sought my opinion on Judge Sonia Sotomayor’s nomination to the Supreme Court of the United States, as I argued 24 petitions for review in the United States Court of Appeals for the Second Circuit before panels on which she was a member. See “Assertive Style Raises Question of Demeanor,” Jo Becker and Adam Liptak, The New York Times May 29, 2009, A14; http://www.nytimes.com/interactive/2009/05/26/us/politics/20090526_SOTOMAYOR_VOICES.html
I was invited by FOX News Channel to appear on the Glenn Beck Show in May 2010 as a guest to speak as an immigration law expert. Here is the link to my appearance: http://therealbarackobama.wordpress.com/2010/05/06/glenn-beck-show-may-6-2010/ and http://www.foxnews.com/story/0,2933,592404,00.html.
I appear weekly and present an immigration law segment on the television program “Hablando de Inmigracion con el abogado Rodney Youman,” which has an audience of over 200,000 viewers and is carried by the following television stations: Univision, Telemundo; Telefutura; and Azteca America. I also present an immigration law segment on the television program “Que Tal America,” which appears on the television stations Azteca America and Ecuavisa.
VI. Published articles on immigration:
I have a weekly immigration column in Ecuador News and Ayllu Times. In addition to these weekly columns, I am the author of several published articles in the area of immigration litigation that have appeared in highly respected legal journals and have been used as materials for continuing legal education courses.
VII. Dedication to immigration law:
I view my practice as a vocation to which I was called to serve at a young age. My dedication has inspired me to be an innovative advocate on behalf of individuals who have been persecuted in their native countries. See, “Asylum for Sect Follower, China’s Crackdown on Falun Gong drove fearful teen to U.S.,” Newsday, November 6, 1999. (article discusses the fact that I brought the first successful political asylum claim based on persecution on account of Falun Gong membership); “After escaping death she gets new life,” Newsday, June 6, 2004. (Article discusses the plight of an Indonesian Chinese Christian woman who had been previously ordered deported, and was only granted asylum after I successfully filed a motion to reopen and had asylum granted after a de novo hearing.) This was a pro bono case. With respect to the relief of withholding of removal pursuant to Article 3 of the Convention Against Torture, the Wisconsin Law Journal commented that “attorneys for asylum seekers would be wise to use this case [Lian] as a blueprint.” “Chinese Case Analysis,” Wisconsin Law Journal (8/25/2004) (article refers to my successful representation of the petitioner in Yi-Tu Lian v. Ashcroft, 379 F.3d 457 (7th Cir. 2004)). See also “Seventh Circuit Finds IJ’s Analysis of CAT Claim Irresponsible,” 81 Interpreter Releases 1222 (2004).
H. Raymond Fasano, How to Present a Successful Non-LPR Cancellation of Removal Application When There Is No Obvious Hardship, 90 Interpreter Release. 1, 1-4 (2013).
H. Raymond Fasano & Donald F. Madeo, Immigration Detainers: How to Secure a Noncitizen's Release from Custody Once Bail Conditions Have Been Met, 87 Interpreter Release. 2197, 2197-2200 (2010).
H. Raymond Fasano & Donald F. Madeo, A Guide to Fulfilling Counsel's Obligation Under Padilla to Advise Criminal Defendants of the Immigration Consequences of Criminal Dispositions, 87 Interpreter Release. 1117, 1117-1130 (2010).
H. Raymond Fasano & Donald F. Madeo, Why Are You Here? Jurisdiction in District Court for Mandamus Actions Over Delayed Adjudications, 85 Interpreter Release. 1181, 1181-1192 (2008).
H. Raymond Fasano & Donald F. Madeo, Coercive Population Control Claims After Matter of J-W-S-, 84 Interpreter Release. 1677, 1677-1686 (2007).
H. Raymond Fasano & Donald F. Madeo, Holding by Administrative Fiat: Why Matter of Acosta Hidalgo was Erroneously Decided, 84 Interpreter Release. 841, 841-853 (2007).
H. Raymond Fasano & Donald F. Madeo, Testing the Faithful in the Second Circuit: Religious Persecution and Political Asylum, 83 Interpreter Release. 765, 765-772 (2006).
H. Raymond Fasano & Kimberly Ogden Sutton, Effectively Presenting a Non-LPR Cancellation of removal Claim When the Hardship is Speculative, Immigration Practice Pointers. 669, 669-673 (2012-2013 Ed.)
H. Raymond Fasano, The Immigration Lawyer and the Mental Health Expert: The Making of a Great Partnership, 3 Voice: An Immigration Dialogue. 16, 16-18 (January/February 2012).
H. Raymond Fasano, AILA: Cancellation of Removal for Non-LPRs-Downloadable(AC Recordings June 6, 2012).
H. Raymond Fasano, AILA Symposium, Strategic Use of Mental Health Evaluations in the I-601 Waiver Process, 14th Annual AILA New York Chapter Immigration Law Symposium. 50 (2011).
H. Raymond Fasano, Legal Research: The Essential of Capable Advocacy, Immigration Practice Pointers. 62, 62-65 (2010-2011 Ed.)
H. Raymond Fasano, Esq. FBA ILS Chair, Introduction Address at 10th Annual Federal Bar Association Immigration Law Seminar (Forthcoming May 17-18, 2013)
H. Raymond Fasano, Esq., ILS Chair, Introduction of Director Juan P. Osuna, Director EOIR at Immigration Leadership Series (February 20, 2013).
H. Raymond Fasano, Esq., Mock Immigration Court Hearing with IJ Decision at 7th Annual Federal Bar Immigration Law Seminar (May 14-15, 2012).
H. Raymond Fasano, Esq., ILW Asylum for Beginners Seminar: Preparing a well Developed Asylum Claim (July 29, 2009).
H. Raymond Fasano, Esq., ILW Asylum for Beginners Seminar: Defending the Asylum Claim in Immigration Court (August 26. 2009).
H. Raymond Fasano, Esq., ILW Asylum for Beginners Seminar: The Ever Changing Dynamic of Social Group Claims (September 23, 2009).
H. Raymond Fasano, Esq. FBA ILS Chair, Panel Discussion at AILA 2012 Workshop, Fundamentals of Immigration Law Workshop: Grounds of Inadmissibility, Exceptions, and Waivers (October 11-12, 2012).
H. Raymond Fasano, Esq., Panel Discussion at AILA 2012 Annual Conference: Cancellation of Removal for Non-LPRs (June 13-16, 2012).
H. Raymond Fasano, Esq., Panel Discussion at AILA 2011 Annual Conference: Relief From Removal - What Relief Exists and How Does the Client Get It? (June 15-18, 2011).
H. Raymond Fasano Esq., Overview of Removal Proceedings; Commencement of proceedings with notice of appeal; Hearing before Immigration Judge; Appeal to BIA; Petition for Review; Appeal path NTA to 2nd Circuit, NYCLA, New York, NY, February 9, 2011, CLE.
H. Raymond Fasano Esq., 8th Annual Immigration Seminar, FBA, May 13-14, 2011, CLE.
H. Raymond Fasano Esq., Beyond Padilla - What Every Criminal Defense Lawyer Needs to Know, NYSACDL, May 20, 2011, CLE.
H. Raymond Fasano Esq., Motions to Reopen/Reconsider/Remand/Terminate before the IJ and BIA, ILRC, October 27, 2011, CLE.
H. Raymond Fasano Esq., If the 1982 Supreme Court case Plyler v. Doe Were Ruled on Today, Would Illegal Immigrants Be Entitled to a Free Education? FBA, May 14-15, 2010, CLE.
H. Raymond Fasano., Haiti Immigration Relief, ILW, New York, NY, January 27, 2010, CLE.
H. Raymond Fasano., The Effect of Criminal Plea on Immigration Status, Bronx County Bar Association, April 22, 2009, CLE.
H. Raymond Fasasno Esq., Asylum for Beginners: Preparing a Well-Developed Asylum Claim, ILW, New York, NY, July 29, 2009, CLE.
H. Raymond Fasano Esq., Asylum for Beginners: Defending the Asylum Claim in Immigration Court, ILW, New York, NY, August 26, 2009, CLE.
H. Raymond Fasano Esq., Asylum for Beginners: The Ever Changing Dynamic of Social Group Change, ILW, New York, NY, September 23, 2009, CLE.
H. Raymond Fasano, Esq., FBA ILS Chair, Message from the Chair, April 14, 2013, http://www.fedbar.org/sections/immigration-law-section.aspx.
H. Raymond Fasano, Esq., Litigating Immigration Cases in the Second Circuit, NYCLA, February 9, 2011, http://www.nycla.org/PDF/Litigating%20Imm%20Cases%20in%202d%20Cir%202.9.2011.pdf.
H. Raymond Fasano, Esq., Time to be Heard: Legal Immigrants, Glenn Beck Segment, May 6, 2010, http://www.foxnews.com/story/0,2933,592404,00.html.
H. Raymond Fasano, Esq., Asylum for Beginners Seminar, ILW, July 29, 2009, http://www.ilw.com/seminars/200919.shtm.
New York Times:
Jo Beck & Adam Liptak, Sotomayor's Blunt Style Raises Issue of Temperament, N.Y. Times, May 28, 2009, at A14;