PHOENIX — A Valley family and their attorney are claiming that Immigration and Customs Enforcement should release their loved one as they figure out his legal status, which they believe he was granted years ago.
Attorney Cash Fazal said her client is a father, husband, and local business owner who was granted a special cancellation of removal in Phoenix in 2022.
However, since then, Fazal said the family never received a finalization of their case, thus leaving it “pending.”
He was recently detained for new removal proceedings.
“So, it's a very in limbo status, which is very concerning,” Fazal said.
As Fazal interprets the law, she claims his status should have been protected since the last court hearing three years ago.
"Generally, regular [240A(b)(1) VAWA] grants have to wait in essentially a long line until their visa becomes available. But when you're a victim of domestic abuse by a spouse, by a parent, by a child, and you're granted that special rule [240A(b)(2)] in removal proceedings, the whole legislative intent is to protect that victim and grant them immediate status,” Fazal said.
ABC15 has reached out directly to Phoenix Immigration Court and federal agencies to help clarify this case and will update this story as more details emerge.
