Ding Babb Successfully Vacates an Expedited Removal Order
Last week, Ding Babb Law Group received news of a successful vacation of an expedited removal order related to one of our clients!
Our client came to us after being ordered removed in 2020 after attempting to enter the United States on a B visa. He was ordered removed because he was accused of submitting a fraudulent EB-5 petition under the direction of his prior attorney. An expedited removal order carries a five-year bar of entry into the United States; fraud related to 212(a)(6)(C)(i) carries a lifetime bar into the United States.
Several years before our client was removed from the United States, he attempted to apply for a green card through the EB-5 program. He found a lawyer to help him; however, this particular attorney had a history of unethical behavior, and he continued that behavior with our client. At the time our client found this attorney, the attorney was engaging in extremely inappropriate behavior by letting an “immigration advisor,” i.e., a scammer and a non-lawyer, file EB-5 petitions under his bar license number.
The lawyer and this “immigration advisor” told our client that they would help him file an EB-5 petition, which included (1) creating his business entity, (2) helping him create a business plan that was detailed enough to comply with the EB-5 requirements on business plans, (3) helping our client gather the proper documentation to show that his investment money was legally gathered, and (4) submit all of the above in a proper manner, e.g., including certified translations of his documents.
They scammed our client. For $20,000, they submitted a plainly deficient business plan that did not have a proposed industry or any proposed good or service. They did not advise him to submit proper evidence to show that his investment funds were legally acquired. They took his $20,000 and disappeared; and even worse, the EB-5 petition was so bad that our client was accused of fraud, and he received an expedited removal order from Customs and Border Patrol (“CBP”) related to the same.
Our lead litigation attorney, David Babb, drafted the motion to vacate the expedited removal order. David was able to show CBP that our client had been defrauded and that he had never intended to submit a fraudulent EB-5 petition. A few weeks after submission, CBP removed the expedited removal order and all the bars related to it. Now, our client can apply for a B-visa and enter the United States.
This was a huge win for our client and for Ding Babb Law Group. We love helping our clients, and in this case, our client was unjustly punished for the fraudulent acts of others. We encourage everyone to thoroughly research your attorney, look them up on the state bar pages in the states in which they are licensed, and always make sure you understand what they are submitting on your behalf. If you are in a similar predicament, please make an appointment to see if we can help you.