Kaplan, O'Sullivan & Friedman, LLP (formerly the Law Office of Harvey Kaplan) is one of a few immigration law firms which has taken an interest in litigating immigration cases in the federal courts. Members of the firm have set the following precedents in U.S. District and Circuit Court for the First Circuit:

Albathani v. INS, 318 F.3d 365 (1st Cir. 2003)
Filed amicus, count affirmed denied of political asylum from Lebanon. Court held summary affirmance without opinion by Board of Immigration Appeals to be harmless error.
Medioni v. INS, 314 F.3d 24 (1st Cir. 2002)
Counsel, Court affirmed denial of political asylum from Algeria.
Tapis v. INS, 94 F. Supp. 2d 172 (D. Mass 2000)
Counsel, Court found the INS abused its discretion in denying H-1B status. Attorney’s fees awarded.
Morales v. INS, 194 F.3d 7 (1st Cir. 1999) withdrawn, 208 F.3d 323 (1st Cir. 2000)
Counsel, challenged denial of political asylum from Guatemala. Circuit Court of Appeals upheld BIA’s decision.
Jobe v. INS, 2001 WL 62820 (1st Cir. 2000)
Amici, whether equitable tolling applies to deportation proceedings.
Mendes v. INS, 197 F.3d 6 (1st Cir. 1999)
Counsel, challenged Immigration Judge’s denial of joint petition to remove conditional residence. Circuit Court of Appeals upheld BIA’s decision.
Bojorques-Villanueva v. INS, 194 F.3d 14 (1st Cir. 1999)
Counsel, challenged denial of political asylum from El Salvador. Circuit Court of Appeals upheld BIA’s decision.
Gailius v. INS, 147 F.3d 34 (1st Cir. 1998)
Counsel, challenged denial of political asylum. Court found Gailius had established well-founded fear of persecution in Lithuania.
Debab v. INS, 163 F.3d 21 (1st Cir. 1998)
Counsel, challenging denial of political asylum from Algeria. Court upheld BIA’s denial of political asylum.
Santos v. INS, 124 F.3d 64 (1st Cir. 1997)
Counsel, dismissed for lack of jurisdiction. Jurisdiction in District Court not Circuit Court.
Cordero-Trejo v. INS, 40 F.3d 482 (1st Cir. 1994)
Counsel, court overturned Board of Immigration Appeals's decision denying political asylum to Guatemalan applicant. Court found that the petitioner had made out a case for political asylum and the finding by the court below that his testimony was not credible was not supported by substantial evidence in the record.
Davila-Bardales v. INS, 27 F.3d 1 (1st Cir. 1994)
Filed amicus, challenged admissibility of a signed statement by unaccompanied minor under 16 years old in deportation proceedings.
Barreiro v. INS, 989 F.2d 62 (1st Cir. 1993)
Counsel, court found preclusion of those convicted of aggravated felonies who have served five years from filing for relief under Sec. 212(c) of the Immigration and Nationality Act to be retroactive.
Campos v. INS, 961 F.2d 309 (1st Cir. 1992)
Filed Amicus, the court found that aliens convicted of firearms convictions were not eligible for relief from deportation under Section 212(c) of the Immigration and Nationality Act.
Haitian Center Council, Inc. v. McNary, 969 F.2d 1350 (2d Cir. 1992)
Filed Amicus, Second Circuit found that Haitians held at Guantanamo Bay were entitled to the benefits under Sec. 243(h) of the Immigration and Nationality Act. This decision was later overturned by the U.S. Supreme Court, Sale v. Haitian Center Council, Inc., 61 U.S.L.W. 4684 (June 22, 1993).
Molina v. INS, 981 F.2d 14 (1st Cir. 1992)
Filed Amicus, the court found that a plea of nolo contendere plus probation is a conviction for immigration purposes.
Hazzard v. INS, 951 F.2d 435 (1st Cir. 1991)
Counsel, court affirmed the denial of a waiver of deportation under Section 212(c) of the Immigration and Nationality Act.
Novoa-Umania v. INS, 896 F.2d 1 (1st Cir. 1990)
Filed Amicus, court affirmed denial of political asylum from El Salvador.
Umanzor-Alvarano v. INS, 896 F.2d 14 (1st Cir. 1990)
Filed Amicus, court affirmed denial of political asylum from El Salvador.
Ardestani v. INS, 904 F.2d 1505 (5th Cir. 1989)
Filed Amicus, Fifth Circuit Court of Appeals found that attorneys fees were not allowable in deportation proceedings. The case was affirmed by the Supreme Court, Ardestani v. INS, 112 S.Ct. 515 (1991).
Bajwa v. Cobb, 727 F.Supp. 53 (D. Mass. 1989)
Co-counsel, court remanded political asylum case to Board of Immigration Appeals.
Escobar-Ruiz v. INS, 838 F.2d 1020 (9th Cir. 1988)
Filed Amicus, Ninth Circuit Court of Appeals found that attorneys fees are available for deportation proceedings under Equal Access to Justice Act. Holding later overturned by U.S. Supreme Court, Ardestani v. INS, 112 S.Ct. 515 (1991).
Perez-Alvarez v. INS, 857 F.2d 23 (1st Cir. 1988)
Co-counsel, court found that assumptions should be avoided regarding how other societies function in evaluating political asylum claims.
Ali v. INS, 661 F.Supp. 1234 (D. Mass. 1986)
Counsel before the Immigration & Naturalization Service, Civil Liberties Union of Massachusetts challenged constitutionality of marriage interview procedures.
Caporali v. Whelan, 582 F.Supp. 217 (D. Mass. 1984)
Counsel, court found in habeas corpus action that in custody cases due process requires Immigration to afford an opportunity for alien to respond to adverse evidence.
National Center for Immigrant Rights v. INS, 743 F.2d 1365 (9th Cir. 1984)
Amici, court enjoined the prohibition against unauthorized employment as a condition of appearance and delivery bonds in deportation proceedings.
Luna v. INS, 709 F.2d 126 (1st Cir. 1983)
Counsel, court found hearing necessary to evaluate disputed facts on Motion to Reopen for Suspension of Deportation.
Navia-Duran v. INS, 568 F.2d 803 (1st Cir. 1977)
Counsel, court found that coerced confession could not be used in deportation proceedings.

Members of the firm have represented or joined in with the following organizations in numerous federal court cases as amicus curiae: American Immigration Lawyers Association, National Immigration Project of the National Lawyers Guild, and the American Civil Liberties Union.

 

 


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