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Benjamin Osorio, partner at Murray Osorio PLLC, is a tireless advocate for individuals in removal proceedings. He has extensive experience in immigration courts across the country including Atlanta, Charlotte, Miami, Arlington, Lumpkin, Baltimore, New Orleans, Orlando, Philadelphia, Buffalo, Newark, Harlingen, Houston, Dallas and San Antonio. While past results are certainly no guarantee of future performance, and every case is different, Benjamin has won a diverse range of immigration matters including multiple victories in matters before the Board of Immigration Appeals. Benjamin has experience in both criminal law and immigration law. As a former clerk in a prosecutor’s office and a criminal defense practitioner, Benjamin understands the immigration consequences of criminal convictions. But Benjamin’s work with immigrants is not merely professional, but indeed personal. Benjamin is the son of a Venezuelan immigrant, and has spent extensive time working in both Guatemala and Spain.

Representative Matters

  • 11th Circuit published decision finding that Georgia’s Theft by Taking statute is not an aggravated felony theft offense.
  • 11th Circuit remand for Honduran individual to the Stewart Immigration Court where Immigration Judge failed to properly consider the mixed motives of organized criminals, where one of their motives was on account of a protected ground.
  • Immigration Judge in Atlanta Immigration Court granted termination for Jamaican woman charged as an aggravated felon.  Successfully argued that her conviction for possession of cocaine with intent to distribute qualified neither as a controlled substance offense nor a drug trafficking conviction.
  • Termination granted in the Atlanta Immigration Court where Nigerian woman had been convicted of possession of methamphetamine with intent to distribute and charged as an aggravated felon.
  • Grant of remand from the Board of Immigration Appeals where the board member agreed that the Immigration Judge had erred by considering Jamaican client’s conviction an aggravated felony.
  • Grant of remand from Board of Immigration Appeals under the Convention Against Torture for Vietnamese woman where Immigration Judge had not properly addressed the likelihood of harm should she be returned to her country.
  • Withholding won in the Arlington Immigration Court for Honduran client with 2 DUI convictions who had been threatened by an individual with ties to organized crime in Honduras.
  • Relief granted for Vietnamese client in the Atlanta Immigration Court of Cancellation for Lawful Permanent Residents allowing her to return to her green card holder status when she had been previously convicted of several DUIs and several drug convictions.
  • Persuaded DHS and Immigration Judge to administratively close case in the Philadelphia Immigration Court for Honduran individual previously convicted of a DUI.
  • Withholding granted for Salvadoran woman with three DUIs, including one felony DUI.  Able to successfully demonstrate that she would be targeted by La Sombra Negra, a vigilante group, should she be returned to El Salvador.
  • Grant of Asylum for woman from El Salvador in the Arlington Immigration Court who had endured severe beatings and abuse from her domestic partner in her home country.
  • Administrative closure granted in the Baltimore Immigration Court for individual from El Salvador that was likely subject to the permanent bar, allowing him to remain in the United States with his U.S. citizen wife and two U.S. citizen children.
  • Temporary Protected Status granted in the Arlington Immigration Court for Salvadoran individual based on successful argument that two of his convictions did not meet the definition of a “crime” under the Code of Federal Regulations.
  • Dismissal of DUI in Georgia State Court where police had arrested the individual without probable cause.
  • Win of Withholding and protection under the Convention Against Torture in the Arlington Immigration Court for young man who had 4 marijuana convictions and charged as an aggravated felon.
  • Overturn of Negative Finding of Credible Fear in the Miami Immigration Court for Honduran woman who had endured traumatic beatings and rape from her previous spouse but had been inconsistent in her asylum interview.
  • Win of Withholding in the Arlington Immigration Court for a man from El Salvador with two DUI convictions where his family had been harmed by MS 13 gang members.
  • Won acquittal by jury trial for Mexican individual charged with Battery in the Cobb County State Court, leading to him not being placed in removal proceedings by Immigration and Customs Enforcement.
  • Dismissal of assault and battery charge in the Clarke County State Court allowing Salvadoran individual to remain eligible for Cancellation of Removal and avoiding further immigration consequences.
  • Grant of Withholding of Removal for Guatemalan individual who had previously been deported from the United States.  Successfully demonstrated that he had suffered past persecution on account of his familial ties and that there existed an extreme likelihood that he would be harmed in Guatemala.
  • Obtained release of Vietnamese individual detained by Immigration and Customs Enforcement for longer than 6 months in Georgia after her final removal order.

Latest Posts:

  1. Huge Win in the Eleventh Circuit!

    After fighting her removal case for over two years, Murray Osorio PLLC won a huge victory today for our client and for many people in removal proceedings in the Eleventh Circuit.  The Eleventh Circuit held in a precedent decision that a conviction under OCGA § 16-8-2 is not an aggravated felony theft offense.  Successfully arguing that Georgia […]

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  2. United States Citizen Detained by ICE in Dilley

    Today in Dilley during a normal intake process with a woman detained there I discovered that my client was actually a United States citizen. This woman, fleeing from narco-traffickers in Mexico with her two teen children, had no idea she was, in fact, a U.S. Citizen. ICE had detained her and her kids for more than 10 days without questioning about […]

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  3. Arlington Immigration Court Grants Withholding and CAT

    The Arlington Immigration Court granted withholding of removal under the Immigration and Nationality  Act (INA) and protection under the Convention Against Torture (CAT) to a 20 year-old Salvadoran national who has lived in the United States since the age of 4.  After several misdemeanor marijuana convictions our client lost his previously held Temporary Protected Status. […]

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  4. How to Handle a Notice to Appear

    Receiving a notice to appear (NTA) is a very serious matter that requires immediate action and attention. Receiving this document indicates the commencement of removal proceedings against you by the Department of Homeland Security.

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  5. Section 13 Green Card for Diplomats

    Section 13 of the Immigration and Nationality Act (INA) of September 11, 1957 was created by Congress to allow individuals who entered the United States with diplomatic status to obtain permanent residence. In order to be eligible for permanent residency under Section 13, the following must be established: The Applicant entered the United States as […]

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  6. Temporary Protected Status Extended for Somalia

    On November 6, 2013, Acting Homeland Security Secretary Rand Beers extended Temporary Protected Status (TPS) for eligible nationals of Somalia for an additional 18 months, effective March 18, 2014, through Sept. 17, 2015. Current Somali beneficiaries seeking to extend their TPS status must re-register during a 60-day period that runs from Nov. 1, 2013, through […]

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  7. President Obama Makes Changes to Visa Waiver Program

    The United States Visa Waiver Program allows citizens of certain countries to travel to the United States without a visa for stays of up to 90 days for purposes of business, tourism, or visiting. However, those who entered the country through the program had been unable to extend their stays or adjust their status once in […]

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  8. An Overview of Student Visa Categories

    If you would like to study as a full-time student in the United States, you will need to obtain a student visa. There are two primary nonimmigrant visa categories for persons wishing to study in the United States, F and M visas. The F-1 Visa (Academic Student) allows an individual to enter the United States as […]

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