Normita Santo Domingo Fajardo v. Immigration and Naturalization Service

Normita Santo Domingo Fajardo is a native of the Philippines. She entered the United States in September of 1989 as a visitor and did not depart. In 1992, Fajar-do submitted an application for political asylum prepared by Pedro Serra, whom Fajardo referred to as an “immigration paralegal.” Serra also accompanied Fajar-do to her interview before the Asylum Officer. Her ajpplication was denied on September 29, 1993, and the Immigration and Naturalization Service (INS) issued an order to show cause. The order was sent to Fajardo at 909 S. Bonnie Brae, Los Angeles, CA 90006. This address, it appears, was the residence of Serra. Fajar-do alleges Serra did not contact her about the denial of her asylum petition or her need to appear for her deportation hearing despite her periodic inquiry into the status of her case. Because she failed to appear at her deportation hearing in April 1994, the proceedings were held in absentia and Fajardo was ordered deported. Only after learning from a mutual acquaintance that she had been ordered deported did she become aware of the hearing.

When confronted by Fajardo, Serra offered to help by authoring a motion to reopen the hearings. This…