Se habla español. Nevada immigration attorney Alexander Vail, of counsel, brings to Las Vegas Defense Group invaluable insight from behind enemy lines: During his prior clerkship with the Clark County District Attorney's Office's Appeals Unit, he learned firsthand how the state builds cases against defendants. Now Alexander uses this insider information to craft a proactive defense and stay one step ahead of the D.A.
An Army ROTC Distinguished Military Graduate, Alexander earned magna cum laude honors from the University of Miami School of Law. There he earned placement in Order of the Coif, served as a student attorney at removal proceedings in the Immigration Clinic, and was first in his class several times, including in immigration law. Following prestigious externships with the Broward County Public Defender's Office and an Eleventh Court of Appeals judge, Alexander was selected as an attorney advisor for the Office of the Chief Immigration Judge, Executive Office for Immigration Review, of the U.S. Department of Justice.
Alexander has extensive experience in all stages of criminal and immigration cases, at both the trial and appellate levels. He is a tireless researcher and writer as well as a skilled negotiator and litigator. Las Vegas Defense Group is proud to have Alexander as part of its of counsel team. He brings an insatiable passion for safeguarding the rights and championing the cause of his immigration and criminal defense clients. Alexander is also licensed to practice law in Florida.
Matter of N.V. (2019)
N.V. is a native and citizen of Mexico who had been wrongly arrested for battery domestic violence and felony child abuse in violation of Nevada law. After posting bail and being released from criminal custody, he was taken into immigration custody. Alex prepared a motion, seeking a custody redetermination hearing on his behalf. The immigration judge, satisfied with evidence presented in support of the motion, found that N.V. did not pose a danger to the community and set a bond. N.V. was released from immigration custody.
Matter of R.A.M. (2019) /
R.A.M. is a native and citizen of Mexico who had been convicted of driving under the influence in violation of California law and possession of a firearm by a prohibited person in violation of Nevada law. He was picked up by local law enforcement on an outstanding bench warrant. After serving a two-month term of imprisonment, he was transferred into immigration custody. Alex prepared a motion, seeking a custody redetermination hearing on his behalf. The immigration judge, satisfied with evidence presented in support of the motion, found that R.A.M. did not pose a danger to the community and set a bond. R.A.M. was released from immigration custody.
Policy Denying Noncitizens Right To Post Bail Rescinded
Palafox-Lugo v. Eighth Judicial District Court, et. al., No. 2:18-cv-01796-APG-GWF (2018)
Alex filed suit in the U.S. District Court for the District of Nevada against both the Eighth Judicial District Court and the Las Vegas Justice Court, alleging violations of 42 U.S.C. § 1983 seeking declaratory and injunctive relief. The issue was each court's policy of denying bail to noncitizen detainees with detainers placed on them by the Department of Homeland Security Immigration and Customs Enforcement (colloquially known as “ICE holds”). This policy stemmed from “standing” administrative orders issued by each state court—specifically, by the Eighth Judicial District Court in September of 2001 and by the Las Vegas Justice Court in February of 2002.
Shortly after suit was filed, counsel for both the Eighth Judicial District Court and the Las Vegas Justice Court conferred with Alex and agreed to settle the matter by having the court rescind these standing orders initially issued by the state courts that limited a noncitizen's ability to post bail.
On October 8, 2018, the Eighth Judicial District Court issued its order, rescinding the 2001 order and directing the clerk to accept bail bonds or cash bail without regard to an individual's immigration status. A little more than one week later, the Las Vegas Justice Court followed suit.
Matter of P.L. (2018)
P.L. is a native and citizen of Vietnam who sought naturalization. He had previously applied on his own and was denied. With the help of Alex, he again applied and was approved.
Matter of A.G. (2018)
A.G. is a native and citizen of Mexico who applied for naturalization. Alex guided her through the process and with his help, her application for naturalization was approved
Battery domestic violence charge dismissed
In re. I.R. (2018)
Our client, a native and citizen of Mexico, was charged with battery domestic violence in violation of section 200.485.1 of the Nevada Revised Statutes. He maintained his innocence, we entered a not guilty plea, and set the case for trial. On the date of the trial, the Clark County District Attorney's Office moved to dismiss the case. Case dismissed.
DUI charge reduced to reckless driving
In re. R.S. (2018)
Our client, a native and citizen of Germany, was charged with (1) driving under the influence in violation of section 484C.110 of the Nevada Revised Statutes and (2) failure to yield the right-of-way in violation of section 484B.260 of the Nevada Revised Statutes. Alex was able to secure the following negotiation, which the Justice of the Peace presiding over the case followed: a no-contest plea to the charge of driving under the influence under a stay of adjudication; upon payment of (1) a fine of $685, (2) completion of DUI school, and (3) completion of the Victim Impact Panel, the case would be amended the reckless driving. Our client completed all requirements and the DUI charge was amended to reckless driving. The failure to yield the right of way charge was dropped altogether.
In re. J.A. (2018)
Our client is a native and citizen of Mexico who entered the United States years ago without being inspected and admitted. We applied for parole-in-place with the U.S. Citizenship and Immigration Service Application Support Center in Las Vegas, Nevada. After considering the equities in her case, USCIS granted her application for parole-in-place, effectively making her eligible for adjustment of status to become a legal permanent resident.
Green card granted
In re. Y.C. (2018)
Las Vegas Defense Group attorney Alexander Vail help our client -- a Chinese citizen in the U.S. on an B1/B2 visitor visa -- through the process to become a legal permanent resident.
Green card granted
In re. E.N. (2018)
Las Vegas Defense Group attorney Alexander Vail help our client -- a Nigerian in the U.S. on an F-1 student visa -- through the process to become a legal permanent resident.
In re. M.P. (2018)
Las Vegas Defense Group attorney Alexander Vail walked the client through the naturalization process. She was recommended for approval by USCIS, and she was sworn in as a U.S. citizen on June 8, 2018.
Removal proceedings stopped
In re. R.P. (2018)
Our client was facing deportation for convictions of Attempt to Commit Possession of Credit or Debit Card without Cardholder's Consent in violation of Nev. Rev. Stat. §§ 193.330, 205.690 as well as Attempt Forgery in violation of Nev. Rev. Stat. §§ 193.330, 205.090, 205.110. Las Vegas Defense Group attorney Alexander Vail argued that the DHS was unable to prove by clear and convincing evidence that our client is deportable under either section 237(a)(2)(A)(iii) or section 237(a)(2)(A)(ii) of the Immigration and Nationality Act. Specifically, he argued that the attempt credit card charge was not an aggravated felony, and that the attempt forgery charge was not a crime of moral turpitude, and that the law is unconstitutionally vague. The judge granted the motion, and the client will not face deportation.
In re. F.A. (2018)
Alex walked our client through the naturalization process, she was recommended for citizenship, and she recently took her oath of citizenship.
Conditions on residence removed
In re. C. (2018)
Our client had his individual hearing postponed to 2019 because the judge had a scheduling conflict. Alex filed a motion to terminate along with a pre-hearing brief in Support of Petition to Remove Conditions on Residence, where Alex argued this case did not need an individual hearing. The judge agreed.
Felony drug case dismissed; deportation avoided
In re. A.A. (2018)
The client was charged as an alien deportable for being convicted of an aggravated felony drug offense. Alex argued that the Department of Homeland Security did not meet its burden of proving by clear and convincing evidence that the client is deportable under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act for two reasons:
- First, that the DHS cannot even prove that the client is an “alien” subject to the provisions of section 237 of the Act because the client automatically acquired United States citizenship pursuant to section 320 of the Immigration and Nationality Act.
- Second, that the DHS cannot prove by clear and convincing evidence that Respondent's conviction for possession of controlled substance with intent to sell in violation of NRS 453.337 is a conviction for an aggravated felony as that term is defined in section 101(a)(43)(B) of the Act because NRS 453.337 is an overbroad and indivisible statute that proscribes offenses outside the scope of section 101(a)(43)(B) of the Act.
The immigration judge presiding over the case (arguably, the harshest and most conservative of the four judges here at the Las Vegas Immigration Court) issued a decision dismissing the aggravated felony drug charge and terminating proceedings.
The client no longer faces deportation.
Green card granted
In re. R.G. (2018)
Our client had a visa and wished to adjust status to a legal permanent resident. Alex completed his application, and within two and a half months his green card was granted.
In re. J.Z. (2018)
Alex walked our client through the naturalization process, including attending his naturalization interview with him. Our client was recommended for citizenship at the end of the interview and recently took his oath of citizenship.
Felony drug charge dismissed
State v. E.S. (Las Vegas Justice Court, 2017)
Our client was charged with felony possession of methamphetamine. Alex negotiated a deal where our client paid a $500 fine and completed a drug evaluation in exchange for the charge being totally dismissed (meaning there is no drug conviction on Client's record).
Green card granted
In re. A.H. (2017)
Alex helped our client adjust status to legal permanent resident and attended her marriage interview.