Miranda v. Said

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Plaintiffs, Klever Miranda and Nancy Campoverde, entered the U.S. without documentation. Klever received a notice of removal order and was represented by attorney Michael Said. Said advised Klever and Nancy to leave the country and then file a document called a Form I-601 waiver, which permits an applicant who is otherwise ineligible to be admitted into the U.S. based on extreme hardship to a qualifying relative. Said told Plaintiffs that once their son Cesar obtained citizenship, he would be a qualifying relative. However, once Plaintiffs left the country and filed the Form I-601, the applications were denied. Plaintiffs later learned that Cesar was not a qualifying relative. Plaintiffs and Cesar brought a legal malpractice action against Said, including a claim for emotional distress damages and punitive damages. The district court allowed only the claim for economic damages to be considered by the jury and found Said negligent. The court of appeals reversed, finding the claims for emotional distress and punitive damages should have been submitted to the jury. The Supreme Court affirmed, holding that the district court erred in concluding that emotional distress and punitive damages were not available to Plaintiffs. Remanded for a new trial.View "Miranda v. Said" on Justia Law