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Benjamin Osorio

  • Profile

Benjamin Osorio is a tireless advocate for individuals in removal proceedings. He has extensive experience in immigration courts across the country including Atlanta, Charlotte, Miami, Arlington, Lumpkin, Baltimore, New Orleans, Orlando, Philadelphia, Buffalo, Newark, Harlingen, Houston, Dallas, and San Antonio. Benjamin has won a diverse range of immigration matters including multiple victories in matters before the Board of Immigration Appeals and in the United States courts of appeals. Benjamin has experience in both criminal law and immigration law. As a former clerk in a prosecutor’s office and a criminal defense practitioner, Benjamin understands the immigration consequences of criminal convictions.

Benjamin’s work with immigrants is not merely professional but also personal. Benjamin is the son of a Venezuelan immigrant and has spent extensive time working in both Guatemala and Spain. Benjamin speaks Spanish and volunteers with various nonprofit legal services agencies including the Immigrant Justice Campaign, the Southern Poverty Law Center, and CARA.

Bar Admissions

  • Georgia
  • U.S. Supreme Court
  • 3rd Circuit, U.S. Court of Appeals
  • 4th Circuit, U.S. Court of Appeals
  • 5th Circuit, U.S. Court of Appeals
  • 9th Circuit, U.S. Court of Appeals
  • 11th Circuit, U.S. Court of Appeals

Representative Matters

U.S. Courts of Appeals

Board of Immigration Appeals

  • Board held that the Immigration Judge erred by considering Jamaican client’s conviction an aggravated felony and remanded for further proceedings
  • Board held that the Immigration Judge erred by not properly addressing the likelihood of harm for Vietnamese woman who sought protection under the Convention Against Torture

Immigration Courts

  • Removal proceedings terminated for Jamaican woman charged as an aggravated felon. Successfully argued that her conviction for possession of cocaine with intent to distribute qualified as neither a controlled substance offense nor a drug trafficking crime. (Atlanta)
  • Removal proceedings terminated for Nigerian woman had been convicted of possession of methamphetamine with intent to distribute and been charged as an aggravated felon. (Atlanta)
  • Withholding of removal granted for Honduran client with 2 DUI convictions who had been threatened by an individual with ties to organized crime in Honduras. (Arlington)
  • Won cancellation of removal for lawful permanent residents for Vietnamese woman despite several DUI and drug convictions. (Atlanta)
  • Persuaded DHS and Immigration Judge to administratively close case of Honduran individual convicted of a DUI. (Philadelphia)
  • Won withholding of removal for Salvadoran woman with three DUI convictions including one felony. Proved that she would be harmed by La Sombra Negra, a vigilante group, if she returned to El Salvador.
  • Won asylum for Salvadoran woman who suffered severe beatings and abuse from her domestic partner. (Arlington)
  • Won administrative closure for Salvadoran man who was permanently inadmissible, thus allowing him to remain in the United States with his U.S. citizen wife and two U.S. citizen children. (Baltimore)
  • Won temporary protected status granted for Salvadoran man by successfully arguing that his two convictions did not meet the definition of a “crime” under the Code of Federal Regulations. (Arlington)
  • Won withholding of removal and protection under the Convention Against Torture for young man who had 4 marijuana convictions and was charged as an aggravated felon. (Arlington)
  • Convinced Immigration Judge that Honduran woman had a credible fear of persecution, where she endured traumatic beatings and rape by her prior husband, despite inconsistent testimony to an asylum officer. (Miami)
  • Won withholding of removal for Salvadoran man with two DUI convictions whose family was harmed by MS-13 gang members. (Arlington)
  • Won Withholding of removal for Guatemalan man who was previously deported. Proved that he suffered a past threat to his life or freedom on account of his family ties and that he would be harmed if he returned to Guatemala.

U.S. Immigration and Customs Enforcement

  • Obtained release of Vietnamese individual detained by Immigration and Customs Enforcement for longer than 6 months in Georgia after her final removal order.

Criminal Cases

  • Won dismissal of DUI in Georgia State Court where police arrested the defendant without probable cause.
  • Won acquittal by jury trial for Mexican individual charged with battery in the Cobb County State Court, leading to him not being placed in removal.
  • Won dismissal of assault and battery charge in the Clarke County State Court allowing Salvadoran individual to remain eligible for cancellation of removal and avoiding further immigration consequences.

Speaking Engagements

  • Frequent speaker at Continuing Legal Education seminars for the American Immigration Lawyers Association, including in Vienna in 2016, Brussels in 2017, and Johannesburg in 2018

Media Appearances