Defense Counsel for Immigration Judges and Attorneys
Team Lead
Contact NickOn January 23, 2025, multiple news outlets reported that the Federal Bureau of Investigation (FBI) had raided the offices of immigration attorney and municipal court judge Joseph Molina Flynn in Providence, Rhode Island. While these early reports could not confirm a reason for the raid, Newsweek reported shortly afterward that Molina “made history as the first openly gay and formerly undocumented person to serve as a judge in Central Falls.” As the publication also reported:
“The raid comes amid heightened scrutiny of sanctuary cities like Providence, which have drawn federal attention in the ongoing national debate over immigration enforcement. Flynn, a high-profile attorney representing clients in Massachusetts and Rhode Island, has been a key figure in local legal circles, particularly in immigration law.”
In light of this heightened scrutiny, we believe this could be just the first of many similar raids in the years ahead. Our firm is available to represent immigration judges and attorneys targeted in federal raids and prosecutions, and we can provide representation on an emergency basis if necessary.
About Oberheiden P.C.
Oberheiden P.C. is a federal litigation and compliance law firm that represents professionals, firms, and other clients across the United States. Our firm’s founder, Dr. Nick Oberheiden, is a well-known federal defense lawyer who has been featured as a legal commentator in The Wall Street Journal, Forbes Magazine, the Los Angeles Times, and numerous other major media publications. He is licensed to practice in multiple federal courts across the country, and he focuses his practice specifically on representing high-profile clients in high-stakes federal matters.
While Dr. Oberheiden went directly into private practice, several of our firm’s other attorneys have extensive prior experience at the U.S. Department of Justice (DOJ). This includes two former U.S. Attorneys and multiple former Assistant U.S. Attorneys.
We are also honored to have former U.S. Secretary of State Mike Pompeo, former U.S. House Speaker Kevin McCarthy, and former Congressman Trey Gowdy serving as Of Counsel to our firm. John Ratcliffe also previously served as Of Counsel to Oberheiden P.C. before leaving the firm to lead the Central Intelligence Agency (CIA).
Along with our senior attorneys, our team also includes consultants and investigators who previously served in various high-ranking positions within the DOJ, FBI, and other federal agencies. As a result, we are extremely well-versed in the federal government’s investigative and prosecutorial procedures, and we rely heavily on our attorneys, consultants, and investigators’ experience within the federal government to develop and executive effective defense strategies for our clients.
Our Experience and Capabilities
Our firm’s experience and capabilities encompass all matters that are pertinent to federal raids and prosecutions targeting immigration judges and attorneys. Whether federal agents have raided your office, you have been arrested or indicted on charges of violating federal immigration proceedings and laws, or you have concerns and want to plan for the possibility of facing federal scrutiny, our team can guide you forward. We have specific and extensive experience representing clients in matters including:
FBI Raids and Investigations
We have represented numerous professionals, firms, and other clients during (and after) FBI raids and investigations. If Special Agents have raided your offices or chambers seeking evidence of potential immigration-related offenses, our team can assist with responding to the raid and implementing a comprehensive and strategic defense. In these cases, we focus on matters including (but not limited to):
- Understanding what documentation and information the FBI obtained during its raid;
- Assessing the legality and constitutionality of the raid; and,
- Assessing the federal law enforcement implications of the documentation and information obtained.
Along with serving as defense counsel for FBI raids and investigations, we assist our clients with managing negative publicity and protecting their public reputations as well. We are sensitive to the professional consequences that even unsubstantiated allegations can have for judges and attorneys, and we take these risks into account when developing and executing our clients’ defense strategies.
DHS Raids and Investigations
We also have extensive experience representing clients who are facing scrutiny from the U.S. Department of Homeland Security (DHS), including Immigrations and Customs Enforcement (ICE) and the Board of Immigration Appeals. If DHS or ICE agents have raided your office or chambers, understanding what triggered the raid and what information the agents obtained will be critical first steps toward building a strategic defense.
DHS raids and investigations can target a wide range of alleged immigration-related offenses. This includes both direct immigration violations (i.e., remaining in the U.S. as an undocumented foreign citizen) and assisting others who have crossed the border illegally or otherwise violated U.S. immigration laws. As a result, if you are facing scrutiny from DHS, discerning the specific allegations at issue will be imperative to building a defense strategy focused on avoiding unnecessary and unwarranted consequences.
DOJ Prosecutions Under Federal Immigration Laws
We have defended numerous clients facing prosecution under federal immigration laws. While these laws provide many protections to both U.S. and foreign citizens, they also establish a wide range of broad prohibitions. The DOJ may use the breadth of these prohibitions to target judges and attorneys in a wide range of circumstances; and, again, understanding the specific allegations against you will be critical for building an effective defense.
From the empanelment of federal grand juries to criminal trials in federal district court, we provide strategic and results-oriented legal representation at all stages of the federal prosecutorial process. We seek to protect our clients as fully, quickly, and quietly as possible—avoiding formal charges whenever possible and negotiating with the U.S. Attorney’s Office when warranted. Of course, we take cases to trial as well, and many of our attorneys have extensive experience on both sides of high-stakes federal criminal trials.
DOJ Prosecutions Targeting Other Federal Crimes
In addition to facing charges under federal immigration laws, judges and attorneys targeted in immigration-related crackdowns may face an array of other federal charges as well. From wire fraud to money laundering, and from bank fraud to fraud under federal government programs, we have defended clients facing a broad array of charges carrying the potential for substantial fines and decades of federal imprisonment. While we have particular experience in federal immigration matters, our federal defense practice is broad-based, and our experience includes representing clients facing substantially all charges that are likely to flow from an FBI or DHS investigation in this scenario.
Founder Attorney-at-Law Former DOJ Trial Attorney Partner Former U.S. Attorney 55th Speaker, U.S. House of Representatives (ret.) Government Consultant Of Counsel Former U.S. Secretary of State Former Senior DOJ Trial Attorney Federal Appeals Attorney Former Prosecutor Former Special Agent (DOJ) Former Special Agent (FBI & IRS-CI) Former Supervisory Special Agent (DOD-OIG) Former Supervisory Special Agent (FBI)Put our highly experienced team on your side
Dr. Nick Oberheiden
Lynette S. Byrd
Brian J. Kuester
Hon. Kevin McCarthy
Mike Pompeo
John W. Sellers
Linda Julin McNamara
Nicholas B. Johnson
Roger Bach
Chris J. Quick
Michael S. Koslow
Ray Yuen
Preparing for Possible Federal Scrutiny
If you have concerns about facing immigration-related scrutiny as a judge or attorney, taking a proactive approach to protecting yourself could prove critical. Our attorneys, principal legal advisors, consultants, and investigators can help you prepare for the possibility of facing a raid or investigation, assisting you with taking steps such as:
- Conducting an attorney-client privileged immigration law compliance assessment;
- Proactively addressing any potential compliance-related concerns; and,
- Documenting your compliance efforts so that you are prepared to face federal scrutiny if necessary.
With our team’s experience in both private practice and federal law enforcement, we have a strong understanding of the types of issues that have created problems for judges, attorneys, and other professionals in the past. We can use this understanding to help you not only establish and document compliance, but also ensure that you are prepared to deal with any allegations that are capable of being substantiated if necessary.
Harboring, Encouraging, Aiding and Abetting, and Other Potential Allegations
What information are the FBI and DHS seeking to uncover when raiding immigration attorneys’ and judges’ offices and chambers? At this stage, it appears that they are conducting broad investigations seeking to uncover evidence of any and all possible immigration law and immigration court system violations.
For example, some recent efforts have focused on alleged violations of 8 U.S.C. Section 1324. This federal statute makes it a federal offense to “conceal[]” or “shield from detection[]” anyone who has entered the United States illegally. Federal prosecutors seem to be interpreting Section 1324 broadly, and using it potentially not only to target judges and attorneys, but public officials in sanctuary cities and others as well.
Encouraging or inducing illegal entry, aiding and abetting federal immigration violations, conspiring to commit federal immigration violations, and knowingly hiring immigrants facing deportation or detained immigrants can expose investigation targets to federal prosecution under Section 1324 as well. Accusations of “[k]nowingly establish[ing] a commercial enterprise for the purpose of evading any provision of the immigration laws,” or “knowingly aid[ing] or assist[ing] any alien inadmissible under section 1182(a)(2) . . . or 1182(a)(3) . . . to enter the United States,” can also lead to prosecution and exposure to substantial federal penalties.
Again, these are just examples. To ensure that you are making informed decisions and protecting yourself (and your career) by all means available, contact us to schedule a call with a senior federal defense attorney at Oberheiden P.C. today.
Schedule a Call with a Senior Federal Defense Attorney at Oberheiden P.C.
If you would like to speak with a senior attorney at Oberheiden P.C. about the federal government’s ongoing crackdown on immigration violations, we invite you to get in touch. Please call 888-680-1745 or contact us online to schedule a complimentary consultation.