Anya Bondareva, a mother of five children, is currently sitting in a detention center in San Diego over what has been described as a clerical error. She was a conditional lawful permanent resident who inadvertently neglected to timely file a Form I-751 joint petition to remove conditions on her residency. It appears that the I-751 was filed late, and her status was extended for a year to allow for processing despite the late filing. After the expiration of her two-year condition permanent resident status immigration court proceedings were instituted, but the family never received notice of the scheduling of a removal hearing because of a change of address. She was presumably removed by the immigration court in absentia. After presenting herself for inspection after returning to the country from a trip to Mexico she was subsequently taken into custody.

I had to shake my head because at the end of the news story the reporter states that her lawyer Stephanie Alcala said her client will likely be deported. I suggest the attorney research motions to reopen in absentia orders of removal due to lack of notice, or alternatively, contact local Office of Chief Counsel to see if they would be willing to join in an emergency motion to reopen, as the removal of this mother to Russia is simply an unconscionable outcome. Ms. Alcala, if you are reading this please see Kurzban's 14th Edition on page 538 at the bottom for a starting point to your research.

Here is the news story.