Kerry Bretz

Kerry Bretz is a former INS trial attorney and partner at Bretz & Coven.  His private practice is defined by his dedication to progressive, fair immigration laws that reflect the true value immigrants bring to the United States and the original promises of the United States as a place where people can pursue life, liberty, and happiness.

Kerry Bretz has played a major role in challenging the retroactive application of new immigration laws and mandatory detention.  He was instrumental in winning major deportation cases, such as Henderson v INS and Calcano-Martinez v INS, which cases have changed the national scene on the availability of relief to aliens with criminal convictions.

Additionally, in St John v McElroy, Kerry Bretz helped acheive the release of a mentally disabled women from INS custody and was awarded approximately $88,000 in attorney’s fees under the Equal Access to Justice Act by a federal court judge.  Further, he obtained an additional monetary settlement to Ms. St John under the Federal Tort Claims Act for alleged abuses she suffered while detained by the INS.

Prior to private practice, Kerry Bretz was a Trial Attorney for the former Immigration and Naturalization Service.  As a result, he brings a unique perspective to every client’s case and can effectively strategize each individual case.  He is regularly consulted by the criminal defense bar, is frequently quoted in newspapers, has appeared on reputable television programs and radio shows.

Kerry Bretz is an active member of the American Immigration Lawyer’s Association and is often asked to speak at its annual conference.  He is also Commissioner for the Archdiocese’s Commission for the Dignity of Immigrants.

Kerry Bretz has been selected to be listed in The Best Lawyers in America© for his work in the practice area of Immigration Law.  Inclusion in Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising more than 5.5 million confidential evaluations by top attorneys.  Best Lawyersis regarded – by both the profession and the public – as the most credible and definitive guide to legal excellence in the United States

Kerry Bretz is Martindale-Hubbell® AV-Rated®, the highest peer-review rating an attorney can receive.

Features

• Asylum and Refugee Applications
• Citizenship and Naturalization
• Deportation Defense
• Employment-Based Immigration
• Family-Based Immigration
• Green Card Applications
• Immigration Appeals
• Visa Applications (Work, Student, Family)

• License
  Licensed in New York
  State: New York
  Acquired: 1992
  Currently Registered
  
  Licensed in Connecticut
  State: Connecticut
  Acquired: 1991
  Active
  
• Honors
  2016 - Best Law Firms in New York First -Tier Rating, U.S. News & World Report
  2015 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2012 - Super Lawyers, Super Lawyers
  2012 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2011 - Super Lawyer, SuperLawyers
  2011 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2010 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2010 - Super Lawyer, Super Lawyers
  2009 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2008 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2007 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2006 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2005 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2004 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2003 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2002 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2001 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
  2000 - AV Preeminent 5.0 out of 5 Peer Review Rated, Martindale-Hubbell
• Work Experience
  1999 - Present Partner, Bretz &Coven, LLP
  1994 - 1999 Owner, Bretz & Associates
  1991 - 1994 Trial Attorney, Legacy INS of the Department of Justice
• Sample of Legal Cases
  St. John v. McElroy, 917 F. Supp. 243 (S.D.N.Y. 1996) -
  MS. ST. JOHN WAS FOUND STATUTORILY ELIGIBLE FOR PAROLE BECAUSE INA § 236(E) WAS UNCONSTITUTIONAL AS APPLIED TO RETURNING PERMANENT RESIDENTS WHO RETAINED DUE PROCESS RIGHTS DESPITE THEIR ABSENCE FROM THE COUNTRY. I WAS AWARDED $88,000 FIN EAJA FEES.
  Henderson v. INS, 157 F.3d 106 (2d Cir. 1998) -
  THE PROVISION OF THE AEDPA THAT LIMITS THE AVAILABILITY OF INA § 212(C) WAIVERS DOES NOT APPLY RETROACTIVELY TO NONCITIZENS WHOSE DEPORTATION OR EXCLUSION PROCEEDINGS WERE PENDING ON THE DATE OF ITS ENACTMENT.
  Calcano-Martinez v. INS, 533 U.S. 348 (2001) -
  THE SUPREME COURT HELD THAT IIRIRA EXPRESSLY PRECLUDED THE COURT OF APPEALS FROM EXERCISING JURISDICTION TO REVIEW A FINAL REMOVAL ORDER, BUT THAT PETITIONERS MAY PURSUE THEIR CLAIMS IN A HABEAS CORPUS ACTION PURSUANT TO 28 U.S.C. § 2241.
• Associations
  1994 - Present
  American Immigration Lawyers Association
  1992 - Present
  New York County Lawyers' Association
• Education
  1991 - City University of New York School of Law at Queens College - JD - Juris Doctor
  1988 - City University of New York, Lehman College - Bachelor of Arts, Magna Cum Laude
• Publications
  1999 - AILA's Handbook on Waivers and Relief from Removal
  Basic on Habeas Corpus
  1999 - Motion for Fees Under the Equal Access to Justice Act & Supporting Memorandum of Law
  AILA's Litigation Toolbox
• Languages
  Armenian - Native / Fluent
  English - Native / Fluent
  Korean - Native / Fluent
  Bengali - Native / Fluent
  French - Native / Fluent
  Portuguese - Native / Fluent
  Mandarin - Native / Fluent
  Hindi - Native / Fluent
  Russian - Native / Fluent
  Cantonese - Native / Fluent
  Italian - Native / Fluent
  Spanish - Native / Fluent

Location