LAS VEGAS - An appeals court ruling has given a southern Nevada family hope they can win an immigration case and avoid deportation to Mexico.
A lawyer representing Luz Maria Medrano and her family said the decision by the 9th U.S. Circuit Court of Appeals in San Francisco could set a precedent for families with some members born in the U.S. or who have become U.S. citizens.
The family's case hinges in part on the status of 6-year-old Angel Bacilio, who was born in the U.S. and is the only member of the family in the country legally.
An immigration law expert at the University of Nevada, Las Vegas Boyd School of Law said the case illustrates the complexity of immigration cases involving families with some legal residents and others who are not.
"Someone born here has citizenship, but can't sponsor a parent or family members until he or she is over 21 years old," said David Thronson, co-director of the UNLV immigration law clinic.
Las Vegas Mexican consul Mariano Lemus Ga, said the issue of mixed-status families facing deportation should be dealt with uniformly rather than case-by-case.
He said he believes American immigration law should be reformed to balance industry's need for immigrant labor with workers' rights and dignity.
Lemus Gas said he was tracking about 16 immigration reform initiatives in Congress. "I hope your Congress can approve at least some of them," he said.
When the family appeared before U.S. Immigration Court Judge Harry Gastley in November, they argued they should be allowed to stay because Angel has learning disabilities and needs special therapy. It would be a hardship for him to leave to Mexico should his parents and older brother be deported, they said.
The judge held that Angel could adapt to life in Mexico and his condition did not constitute a hardship under the law, Gastley said.
The family - Medrano, 39, Angel Bacilio-Gutierrez, 33, Demian Martinez-Medrano, 16, and Bacilio, 6 - is now represented by Las Vegas lawyer Leon Rosen, 81.
Rosen said the appeals court's Jan. 26 ruling opens discussion about whether an attorney should be assigned in all deportation cases.
