Saher Joseph Macarius
An Egyptian national, Mr. Macarius found that practicing immigration law was a natural extension of his life, as he came to the United States as an immigrant himself. Attorney Macarius is fluent in the Arabic language. He graduated from Suffolk University Law School in February 1994 and became a member of the American Immigration Lawyers Association in 1996. Attorney Macarius graduated from the Police Academy. He has a BS in Police Science and Law Degree from Egypt. He worked as a Police Officer and Detective.
In May 1997, Mr. Macarius dissolved his former partnership that had lasted for more than two years and opened The Law Offices of Saher Joseph Macarius LLC. Since then, Mr. Macarius has been practicing immigration law in several states and has been admitted to the U.S. Court of Appeals First Circuit, Second Circuit, Third Circuit, Fourth Circuit, Fifth Circuit, Sixth Circuit, Seventh Circuit, Eighth Circuit, Ninth Circuit, Eleventh Circuit, and the Supreme Court of the United States of America. Mr. Macarius litigated El Moraghy v. Ashcroft (1st Cir. 2003), Succar v. Ashcroft (1st Cir. 2005), and Chedad v. Mukasey (1st Cir. 2008). El Moraghy was an Egyptian national who applied for asylum. The Immigration Court denied his application and the Board of Immigration Appeals (BIA) affirmed. However, the First Circuit criticized the Immigration Judge sharply for his denial and remanded the case to the Immigration Court. In Succar, Mr. Macarius successfully argued the right of arriving aliens to adjust status to lawful permanent residence while in removal proceedings. The decision has been adopted by many circuits, which led the Attorney General to change the regulation completely to allow arriving aliens to adjust status while in removal proceedings and even with outstanding deportation, exclusion, or removal order. Chedad resolved the conflict between filing a motion to reopen despite earlier acceptance of voluntary departure. The First Circuit denied the case on July 31, 2007; however, Mr. Macarius and Attorney Audrey Botros filed for en banc review. The First Circuit delayed its decision on en banc review until the decision came down favorably in Dada v. Mukasey (U.S. 2008). Mr. Macarius wrote an amicus brief in Dada in conjunction with Professor Michael F. Sturley of the University of Texas and Attorney David C. Frederick of Washington DC. The First Circuit reversed its original decision in Chedad on December 16, 2008, agreeing with the argument that filing a motion to reopen incorporates a withdrawal of voluntary departure. Please see our news page for more information on the landmark Succar and Chedad decisions. In Da Silva Neves v. Holder, 613 F. 3d 30, 33 (1st Cir. 2010) successfully challenged the First Circuit Court’s denial of jurisdiction to hear his case. Attorney Macarius and Attorney Botros filed a Writ of Certiorari with the United States Supreme Court who remanded the case to the First Circuit Court of Appeals for further proceedings. This case has been cited as legal precedent in the renown immigration legal resource, Kurzban’s Immigration Law Sourcebook.