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Clarke & Associates Compel ICE to Release US Citizen After 5 ½ Months of Unlawful Detention

On February 19, 2014, R-M-, a twenty-four (24) year old native of Jamaica who has lived in the United States since age six was released from the unlawful detention of Immigration and Customs Enforcement (“ICE”). R-M- had been ordered removed to Jamaica by an Immigration Judge (IJ) when he appeared, without counsel, in the Immigration Court at Fishkill, New York while serving time at Greene Correctional Facility in Coxsackie, New York. R-M- had been detained unlawfully by ICE since September 2013, when he was released from criminal custody. For the next five and a half (5 ½) months ICE sought to obtain travel documents to remove him to Jamaica because ICE erroneously determined that R-M- was a Lawful Permanent Resident (LPR) subject to removal to his native country. Three previous immigration attorneys, as well as the Department of Homeland Security, including a number of its officers and attorneys, failed to decipher the fact that R-M- was a United States Citizen since December 2005.

The family, at its wit’s end, asked Clarke & Associates to review R-M-s case. It was soon discovered that none of R-M-’s previous immigration attorneys had ordered and reviewed the file on R-M- maintained by the United States Department of Homeland Security (DHS). Clarke & Associates immediately filed a request with the DHS’ United States Citizenship and Immigration Services (“USCIS”), to obtain a copy of R-M’s immigration file. A page by page review of the file revealed that R-M- derived United States Citizenship through his father (“Derivative Citizenship”) at age 15 when his father became a naturalized citizen. Clarke & Associates notified ICE’s counsel in Buffalo, as he was being held in ICE detention in Batavia, New York, of its findings. R-M- was released on February 19th, after that office reviewed his file, and confirmed that he was in fact a United States Citizen.

Landmark Board of Immigration Appeals Case Won by Millicent Y. Clarke of Clarke and Associates, New York

Landmark Board of Immigration Appeals Case Won by Millicent Y. ClarkeIn June 2000, Ms. Clarke represented a young Moroccan woman who established by credible evidence that she suffered past persecution and has a well-founded fear of future persecution at the hands of her father on account of her religious beliefs, which differ from her father’s views concerning the proper role of women in Moroccan society.

Previously, an Immigration Judge found the woman inadmissible and removable. In addition, the Immigration Judge denied the respondent’s application for asylum and withholding of removal. The respondent filed a timely appeal.

Read the U.S. Department of Justice's Board of Immigrations Interim Decision here (PDF)


Ms. Clarke is good at what she does and she is not shy about picking up the phone and calling in favors.

Millicent Y. Clarke, New York Immigration Attorney

She has seen Cubans and Haitians being treated very differently by the U.S. Government. "That was a real issue for me, because the Cubans were given social security numbers and food stamps, but the Haitians were being held, I thought it was so unjust," Clarke said.

"If people are willing to fight and pay, they can most often avoid deportation," Clarke said. "Most people are deported because they don't have proper legal counsel," she added.

Clarke & Associates have the experience and they are passionate about immigration and helping people.

WHERE ITZ AT Magazine - May 2012

The Business of Immigration

By Shaila A. Mentore

With more than 32 years as a practicing immigration attorney, Temple University School of Law and Fordham University alunma, Millicent Clarke is not only ambitious, but a believer that hard work pays off. "I work hard and have always worked hard," Clarke said. The daughter of an immigrant family, Clarke has always had a desire to help people. She has had the opportunity to serve in the United States Attorney's office and work in immigration with the U.S. Department of Justice, among other coveted positions in her career.

Her career began in the summer of 1978 in the U.S. Department of Justice as an Honors Student. "Back then there were no jobs available and people were very mean-spirited," Clarke said. "I was told by a black man that he doesn't know why I'm killing myself because I will be a glorified paralegal like the other women," she said. "I always tell students it's not about how bright they are, it's about their attitude."

Clarke remembers being called in to work on a weekend and being remembered by her supervisors because of it. She attributes this experience to getting a job as an attorney for the Immigration and Naturalization Services in Chicago. In that position she worked with her fellow Jamaicans, Mexicans, Belizeans and Polish people. She was the first black trial attorney appearing on behalf of the immigration department. "Boy, did I catch it from some people, some of the clerks, believe it or not, the attorneys were ok," Clarke said.

Relationships were and still are the key to Clarke's success. She has gotten many opportunities because she has worked hard, she's good at what she does and she is not shy about picking up the phone and calling in favors. Clarke's relationships have afforded her the opportunity to work in various departments in government, where she worked with Cubans and Haitians and saw them treated very differently by the U.S. Government. "That was a real issue for me, because the Cubans were given social security numbers and food stamps, but the Haitians were being held in Chrome, I thought it was so unjust," Clarke said.

She also had the opportunity to work as a Special Assistant for the U.S. Immigration Attorney's office, a coveted position, but Clarke hit the ground running, as she was responsible for all the immigration work for Brooklyn, Queens, Nassau and Suffolk Counties, and Staten Island. In 1989 Clarke became Assistant U.S. Attorney, a position she stayed in for eight years before realizing she became an attorney to change things and deal with injustice, and wanted to do something else. She later got an offer to become an immigration judge, and though the interview went well, she did not accept the position. "I didn't want to get fat," she jokes. "I don't like people lying to me, so I really didn't want to be a judge." Clarke left to work for a private firm, but later started her own practice. "If I knew starting my own practice would have been this difficult, I probably wouldn't have done it," Clarke said. She didn't realize attorneys were treated with such disrespect and contempt; it was new to her. Clarke did not advertise her services when she opened her doors; instead she was sent referrals from other attorneys. "I was referred some of the worst cases, people didn't want to pay. They want the expertise you have, but they refuse to pay for it," she said.

While Clarke loves her Caribbean people, she says they· can sometimes be the most trouble because they don't always read the retainer agreement and they go from attorney to attorney because they are impatient. "If someone has been to more than two attorneys I don't usually take the case," Clarke said.

It's not uncommon to tune in to a Caribbean radio show or pick up a Caribbean newspaper and hear and see advertisements for immigration attorneys, but Clarke & Associates are different. "I talk to you until you understand what I'm saying, because immigration is so complicated, the only thing more complicated is taxation," Clarke said. "People are often told not to waste money on attorneys. because they can't help them. Whether it's your fault or not, they always blame you. They just want you to file motions, they are not interested in the process, they want it done. If people are willing to fight and pay, they can most often avoid deportation," Clarke said. "Most people are deported because they don't have proper legal counsel," she added.

Clarke & Associates have the experience and they are passionate about immigration and helping people.


Whereitzat has met and interviewed one of the most impressive and uniquely qualified Immigration Attorney we have met to date, her name is Millicent Y. Clarke Esq.

If you are reading this and know someone who needs to straighten out their immigration status, there is hope!

Clive Williams, Where Itz At Magazine

WHERE ITZ AT Magazine - April 2012

Minding Your Business: The Path To Personal Empowerment

by Clive Williams

In the many years I have spent on radio and in the print media, seldom have I met individuals who are truly ethical, reliable, professional and knowledgeable in combination with a passion to help their respective communities with their expertise. Such individuals are rare, but I have found some, as well as some have found me. Over the next several months I will be introducing you to professionals who take pride in their various careers, professionals who will represent your best interests. They are all seasoned professionals who have weathered the toughest of times and have maintained their integrity, without ethical lapses. My promise to you is this; I will introduce you to the best and brightest in our community and you must promise in return to use their services. You will be rewarded with savings and discounts that you'll get nowhere else.

I sincerely believe that immigration is going to be one of the hot button issues of 2012 and beyond. Why? Because whichever the Party in power, there will be an overwhelming concern for America's security given the potential for domestic terrorism. America will be forced to address the problem of its 15-20 million illegal or undocumented residents, both for security and budgetary reasons.

The Real Experts: Whereitzat has met and interviewed one of the most impressive and uniquely qualified Immigration Attorney we have met to date, her name is Millicent Y. Clarke Esq. Ms. Clarke spent 17 years of her life as a prosecutor for the Justice Department studying and implementing an arsenal of Immigration policies introduced by the government for various Countries and assorted immigrant groups. Because of her vast knowledge, spanning assignments from Chicago, Washington, Florida and New York, she was appointed an immigration judge, an appointment she never assumed because of its punitive nature. Ms. Clarke said that, that offer of judgeship caused her to experience an epiphany, one that led her to devote her store of knowledge and resources to becoming an advocate to her community. I positively challenge anyone to analyze the experience and credentials of this highly skilled and respected Immigration Attorney/Advocate. What you'll find is someone who taught law at St. Johns University. What you'll find even more valuable is Ms. Clarke's capacity and resources to move your business along, providing you give her what is needed for your case.

Immigration! ......... Look No Further. Case Closed.


Article on Millicent Y. Clarke - KOREAN TIMES, 2002

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Clarke & Associates Compels ICE To Release US Citizen After 5 ½ Months Of Unlawful Detention

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NEW: Manhattan Office
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