Student Finds U.S. Immigration Laws Tough To Navigate

NORTH MIAMI (CBS4) – The North Miami High School Valedictorian fighting to stay in the United States has hired a new attorney.

On Friday, Daniela Pelaez, 18, retained Nera Shefer to fight a potential deportation back to her native Colombia. On Monday an immigration judge granted Pelaez an order for voluntary deportation.

“As part of the strategy of the case sometimes we as lawyers sometimes recommend to take this. Yes it is something that we have to request,” said Shefer. “But its not offered to everybody and sometimes we do take that in lieu of a deportation order. But at the end of the day, it could have the same effect and it appears in Daniela’s case, it would have that same effect if nothing is done immediately.”

The immigration judge on Monday denied Pelaez’s request for a green card, surprising immigration advocates like Cheryl Little.

“She’s entitled to a green card… it’s my understanding through other means,” said Little, Executive Director of Americans for Immigrant Justice. “I think she has a very compelling case. I think at the end of the day she’ll get it.”

Right now Pelaez has a number of legal options. Immediately her lawyer said she will file an appeal. That process could take two to four years. In the interim, Shefer said Daniela should be able to stay in the United States.

She can also take the route of filing for citizenship under her father. He recently became a permanent resident under his son, Daniela’s brother. Johan Pelaez is a U.S. citizen because of his service in the U.S. Army.

“We are really against the clock,” said Shefer.  “We are trying to do everything that is available to us under the law in order for her to stay here permanently.”

Comments

One Comment

  1. STAN BODNER says:

    TELL SEN. RUBIO THERE IS A WAY TO KEEP THESE STUDENTS IN THE U.S.A. IT’S CALLED THE DREAM ACT AND HE VOTED AGAINST IT.

    1. deedee says:

      all the dream act is ..is another name for Amnesty. We have the channels you must go through to come here, and anyone who doesnt do it properly , does not deserve to stay here. Plain and simple.

  2. poorwhiteboy says:

    SEND her BACK. Let one stay they all want a special deal ILLEGAL is ILLEGAL.We sent that little cuban back where he came from, Send the fat-ass immigrant back along with the hatians and the cubans.

  3. jmiami says:

    She is an illegal. She must be DEPORTED. We are now encouraging peope to break the law and get rewarded for it. Absolutely not. She MUST be deported.

  4. jmiami says:

    Go back to your country and reenter the USA legally.

  5. deedee says:

    or maybe Barack can claim she is a relative..🙂 we all know they get to stay , regarding our laws that they break!

  6. Chucky says:

    Hey, if you’re not going to post my comment, tell me at the outset, so I won’t waste my time, or I’ll at least save my rhetoric to hard-drive.

  7. CHRIS3760 says:

    ILLEGA IS ILLEGAL. SHE NEEDS TO GO BACK. AND AS FOR POORWHITEBOY:THE PERSON IN QUESTION IS COLOMBIAN NOT CUBAN.

  8. alan says:

    Leave to our crooked lawyers, they will find a loop hole. God bless her brother who joined the U.S. Military. No Free rides to any ILLEGAL.

Leave a Reply

Fill in your details below or click an icon to log in:

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

More From CBS Miami

Fired Up For The #FinsOn4
Weather Forecast 24/7

Listen Live