DeMine Immigration helps client overcome decades-old deportation order
FORT MYERS, Fla. (April 28, 2025) – A native of Haiti entered the United States without inspection in 2004, fleeing circumstances that left her with no other choice. She applied for asylum prior to 2007, but on April 16, 2007, an immigration judge ordered her removal. Despite an appeal, the Board of Immigration Appeals (BIA) affirmed the judge’s decision, leaving her with a final order of removal.
However, in 2018, she was granted Advanced Parole under Temporary Protected Status (TPS) and re-entered the U.S. lawfully on May 8, 2018, receiving a valid I-94. During this period, she married a U.S. citizen and had two U.S. citizen children.
Her husband filed an I-130 petition, which was approved on Feb. 14, 2019, establishing the qualifying relationship, but not yet allowing her to adjust her status due to the outstanding order of deportation.
“The majority of individuals that come and sit in front of me, you can just see the hopelessness,” said Emmanuella Casimir, Associate Attorney of Removal Defense. “They can’t afford a waiver. The thought of returning to Haiti is the most traumatizing thought. They don’t even know there’s a pathway or something that could be done.”
The family hired DeMine Immigration on Aug. 21, 2023. Wanting to develop a legal pathway for this client, Casimir thought of filing under the Carecen settlement.
The story of this client highlights a broader issue: many Haitian immigrants, due to lack of access to legal representation, illiteracy, and trauma, miss opportunities for protection and face unjust removals. The Carecen settlement, a law that has since expired on Jan. 25, 2025, became a beacon of hope for many, especially those who had no idea relief was possible.
“These Carecen cases hurt my heart because the Haitian community suffers a lot because of lack of knowledge,” said Casimir. “A lot of them actually went through something terrible in Haiti, but because a lot of them are illiterate and do not know or have the resources to seek an attorney and file for asylum, they go through these processes and don’t even understand and then end up with an order of deportation. You have no means of attaining legal status.”
The Carecen settlement, while in existence, offered an opportunity for people with TPS, people who traveled on TPS, had orders of deportation, and/or approved or pending I-130s to file a joint motion to reopen their removal cases. This legal mechanism acknowledged the unique hardships faced by TPS holders and provided a possible route to lawful permanent residency.
Working under the Carecen settlement, Casimir successfully persuaded DHS to join in a motion to reopen the client’s deportation order. On April 3, 2025, the BIA approved the motion, reopening her case and clearing the path toward adjustment of status.
“Coming from an immigrant background myself, it’s almost me achieving part of their dream with them,” said Casimir. “This case was like a redemption case.”
About DeMine Immigration Law Firm
DeMine Immigration Law Firm is a privately-held immigration law firm that practices all areas of immigration law and serves clients worldwide. The company has two offices based in Southwest Florida, one at 1601 Hendry St. in Fort Myers and one at 1400 E Kimdale St. E Suite 8 in Lehigh Acres. DeMine Immigration Law Firm employs 15 people under President Indera DeMine. The company’s mission statement is to help clients achieve their American dream. For more information, visit www.DeMineImmigration.com, follow on Facebook, Instagram and TikTok or call 239-208-2680.
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