Meredith law firm blocks grandfather’s deportation hours before trip

By THOMAS P. CALDWELL, LACONIA DAILY SUN

MEREDITH — The McDaniel Law Office, which had successfully prevented the deportation of Brazilian Renato Filippi in February, has received an order from the United States Court of Appeals in Boston that blocks the fast-track deportation of another Brazilian, Elvecio Viana, a 65-year-old grandfather who has resided in the United States for 27 years.

Viana, who overstayed his visit after coming to this country on a four-year tourist visa, was due to be deported on Wednesday, but at 8:30 p.m. on Tuesday, just 14 hours before he was due at the airport, the court notified the law firm that it was granting a 10-day stay of the deportation order to allow for a review of Viana’s case.

“We were ecstatic,” said Laurie McDaniel, the firm’s spokesperson.

Attorney Robert McDaniel said Viana was living in Nashua with his daughter, Christina, her husband, and their two children, all of whom are United States citizens.

Prior to the expiration of his tourist visa, Viana had successfully applied for a work authorization to allow him to work for a cabinet manufacturer, and he has had continuous employment in that profession since then. His work authorization was renewed annually through 2008, and he has a valid driver’s license and Social Security card, with no criminal record, according to McDaniel.

Viana had taken steps to extend his immigration status, but an immigration judge denied the Petition of Asylum in 2010. He filed an appeal through a Boston attorney, but he had not been notified of a decision. At his daughter’s suggestion, he filed for permanent resident status with the United States Department of Homeland Security, Customs and Immigration Services last November. At that time, he learned that his immigration appeal had been denied.

The Homeland Security Department’s Immigration and Customs Enforcement division subsequently summoned Viana to its Manchester office. When he arrived on March 5, officials handcuffed and arrested him, seized his passport, fitted him with a GPS device on his ankle, and ordered him not to leave New England until he had airline tickets to Brazil. They gave him 29 days to leave the country.

Working with Manchester attorney George Bruno, the law firm filed a suit in the federal court in Concord, asking to stop the deportation to allow Viana to pursue his due process rights to legal remedies. The court dismissed the suit on April 2, ruling that it had no legal jurisdiction.

“The dismissal happened about 5 p.m. on Monday,” said McDaniel, “and by 6 p.m., we filed an appeal to the U.S. Court of Appeals.”

He said, “This is a fine man from a fine family and one whom our country should be proud of. Attempting to tear this gentleman away from his family without enough time to have his immigration case reopened is an abuse of federal power which should distress all Americans. We should be a land of fair play and decency.”

The appeal was not docketed until Tuesday morning, at which point the law firm filed an Emergency Motion for a Stay to halt the departure. The Justice Department filed an objection later that day.

“We had done everything we could and closed the office for the day,” said Laurie McDaniel.

“There is case law in the First Circuit Court of Appeals that says even immigrants get due process,” Robert McDaniel said in explaining why the court granted the 10-day extension. “We admire the dedication of the judges and staff. They were both responsive and responsible. Although we don’t know where this case will go, there is now at least a possible opportunity that our client’s rights will be protected.”

For McDaniel, a former federal attorney, the concept of due process is the bedrock of this country. “That stuff holds our society together,” he said.

In his appeal, McDaniel said President Donald Trump’s executive order of Jan. 25, 2017, upended immigration policy and allowed the deportation of those without a criminal history and allowed immigration officials to “advance personal, political and social agendas.”

“ICE is the only law enforcement agency whose targets routinely have ethnic or national origin identifiers,” he wrote. “Thus, particular care must be taken to protect the rights of these individuals and to employ heightened levels of self-discipline to avoid civil rights problems and violations.”

McDaniel said the “thuggish behavior” of the Trump Administration arose out of the Real ID program which he said was designed to deprive immigrants of their due process rights.

“It took the jurisdiction from the district court to the Circuit Court of Appeals,” he said.

News of the 10-day stay left the McDaniels relieved for their client. “This is the kind of stuff that causes us to leap for joy,” he said.