In her professional exercise she outstands in the performance of legal strategies to build solid structures in the cases of their areas of practice, which allow the solution of a legal problem.
Likewise, she can handle complex cases by energetically creating the corresponding strategies and reasoning that go in defense of his clients.
In the development of her career, she has worked hard to advise and preventatively advise future legal problems for the benefit of his clients.
In addition, she coordinates the migration team, which specializes in advising foreigners who wish to reside in the Dominican Republic, either temporarily or permanently, for work, investment, family, retirement or pension reasons, studies, among others. Through the acquisition of visas, depending on the intention of the foreigner, as well as their Dominican residence and even, obtaining Dominican nationality, in compliance with immigration laws, also offering legal advice on immigration and consular law, as required by the client.
– Master’s Degree in Immigration and Consular Law, Autonomous University of Santo Domingo (UASD), current.
– Specialty in Expository and Argumentative Writing of Judicial Decisions, National School of the Judiciary, year 2015.
– Course on Reasoning, Argumentation and Structuring of Judicial Decisions, National School of the Judiciary, 2015.
– Law Degree, Santo Domingo Catholic University, (UCSD) 2009-2013, Magna Cum Laude
Real estate (fraudulent sales).
Kendy together with the Managing Partner José Manuel Alburquerque Prieto implemented the legal strategies and argued to file an extraordinary appeal before the Supreme Court of Justice demonstrating that a citizen had sold seven (7) properties after the revocation of his power of representation to the company of his client, regarding the fact that the alleged buyers had not made the payment for said apartments, and that, furthermore, they were insolvent to acquire million-dollar properties, notwithstanding, the fraudulent transactions carried out by the citizen using prior registration of the rights.
It was achieved in a jurisprudential manner that the Supreme Court of Justice determined that to verify the good faith of the purchase of real estate, the judges must verify the lack of payment of the real estate acquired, insolvency of the buyers and transactions carried out prior to the registration of the rights , thus proving the bad faith of the buyers, issues that were not answered or valued by the previous courts. Gaining cause of the present case satisfactorily.
Criminal (Complex scam)
This case was being handled by another law firm, which had elapsed approximately 17 years without any hearing on the merits, a case never seen by the Dominican courts.
Upon arriving at our offices after 17 years, Kendy together with Managing Partner José Manuel Alburquerque Prieto and his team proceeded to carry out a series of actions in order to recover the original evidence that proved the fraud and fraudulent maneuvers of Mr. ORLS, fulfilling this the age of 90 during the process, and after approximately two (02) and a half years, the ALBURQUERQUE office manages to get the hearing of the trial on the merits.
That based on our evidence obtained and our arguments, the court verifies the fraudulent maneuvers carried out by Mr. ORLS, and therefore sentences him to serve a sentence of two (2) years in prison, to be served in a detention center (rehabilitation for personnel aged 90 years), plus the payment of all procedural costs for almost 19 years, and the return of the sum of US$1,088,041.85 United States dollars, and the sum of RD$5,000,000.00 Dominican pesos to title of compensation for the damages suffered by Mr. TC our client.
Criminal (violation of the industrial property law)
That in the present case, the criminal court issued the sentence of criminal acquittal in favor of Mr. JMGS our client, however, it sentenced him to pay the sum of RD$2,000,000.00 million Dominican pesos.
That as a result of said sentence, Kendy together with Managing Partner José Manuel Alburquerque Prieto filed a formal appeal against said sentence, exposing the violation of the right to defense and flagrant limitation of the right to evidence carried out by the Judge here against the Mr. JMGS. That once the appeal was known, the Court verified through our evidence and arguments that Mr. JMGS during the 4 years of the criminal proceeding had never been notified of the acts of summons at his residence, nor the complaints nor the proof of the accusation, but that they had done so at the address of the accused company. That upon verifying such violations demonstrated by our lawyers, the Court annuls the entire Trial on the merits, so that the entire process is known again and the right of defense and the right to evidence of Mr. JMGS are guaranteed.
That despite the issuance of said sentence, the company PUSE, files an extraordinary appeal before the Supreme Court of Justice alleging violations incurred by the Court, to which Kendy and Managing Partner José Manuel Alburquerque Prieto in defense of Mr. JMGS request the inadmissibility or non-cognizance of the extraordinary appeal presented by the company PUSE, since the law does not allow the cognizance of said extraordinary appeal when the Court Annuls a complete trial on the merits.
That in such attentions, the Supreme Court of Justice decides not to hear the extraordinary appeal due to the motivations presented by the ALBURQUERQUE office. That later, they proceeded to go back to first grade to hear the PUSE accusation against JMGS and the other parties. Which, the evidence and incidents could be deposited in favor of Mr. JMGS.
In the knowledge of the Trial on the Fund, the evidence was presented that disassociates Mr. JMGS from the accusation presented by the company PUSE, after listening to witnesses and other evidence, the Court determined as a result of our arguments and evidence presented that it was not It verifies the criminal offenses that the PUSE company presented at the beginning of its complaint against Mr. JMGS, much less the damages suffered by the PUSE company. Consequently, the court rejected the criminal complaint and his accusation and request for damages.
Having successes in the present case.
Criminal (identity theft)
One morning a lawyer appears at the property of Mrs. JDLAHG establishing that she had sold the property in favor of a supposed nephew. That in an alarmed manner, Mrs. JDLAHG appears at the ALBURQUERQUE office explaining the case, which Kendy initiates an investigation process discovering that the identity card of Mrs. JDLAHG had been falsified, and that supposedly with the false ID they had taken a Mortgage loan against the property of the same.
The ALBURQUERQUE office energetically manages to warn the Title Registrar before the criminals register the mortgage regarding the mortgage loan, that there is a criminal investigation for the falsification of Mrs. JDLAHG’s identity card and the alleged mortgage loan. That the Title Register warns us that thanks to the speed of the warning from the ALBURQUERQUE office, they will not proceed to register the mortgage of the property that had been requested by the alleged persons who received such mortgage loan until the investigations are complete.
Civil. (Education rights)
This case deals with the ISLA school, our client, which contains a special privilege in favor of the children and adolescents enrolled in said educational institute, which establishes that in the event of the death of the person in charge of paying for the studies of a student, the school is in charge of covering the payment of said student until the completion of secondary studies, prior compliance with the requirements to obtain said benefit.
In this case, the mother of three (3) student children from the ISLA school had sued the educational center in execution of the privilege described above, because the father of the children had died, and they did not have the economic resources to continue covering the your children’s tuition. This seized the case, before the institute of Proconsumidor.
In the Institute of Proconsumer, the incompetence of said institution was requested because this is not the jurisdiction that should know the matters of children and adolescents since the law textually provides for the special court for these cases, and in addition, they were deposited in said jurisdiction that the economic responsible for the three children before the school is the mother and not the deceased father, because each year whoever placed in the registration form of the children that the economic responsible was the mother, who signed such documentation , and not the father.
However, based on the evidence deposited through the ALBURQUERQUE office, Proconsumidor partially ordered the privilege described in favor of the children until they completed their secondary studies.
In relation to the foregoing, Kendy together with the Managing Partner José Manuel Alburquerque Prieto empowered the Superior Administrative Court that hears the matters of the actions issued by Proconsumidor requesting a precautionary measure so that said decision is not executed, and deposited the evidence that demonstrated that the Proconsumidor’s jurisdiction is not competent to issue this type of decision because they are not specialized judges in this matter, and also, the registration forms of the three children, where the mother herself established that she was the financial responsible for her children and not the father as he wanted to appear to benefit from said privilege.
That as a result of the foregoing, the highest court, in accordance with our evidence and arguments, accepted our precautionary measure, stopping the execution of Proconsumidor’s decision until the extraordinary appeal filed by our office is known so that the merits of the matter can be verified finalize the irregularities of Proconsumidor’s decision. Therefore, the mother of the children cannot benefit from the privilege until there is a sentence that demonstrates the claims of each party.
Immigration cases.
Business Visa for Labor Purposes NM1 for multinational companies.
Recently, Kendy, together with Managing Partner José Manuel Alburquerque Prieto, has managed to obtain 15 visas for Peruvian workers belonging to a mining company to work in a mine in the Dominican Republic.
Dominican nationality.
Kendy, together with Managing Partner José Manuel Alburquerque Prieto, worked to obtain Dominican nationality through ordinary naturalization. In this sense, we collaborate in the drafting and compilation of the required documents, as well as the accompaniment of the foreigner to the institutions to exhaust the procedures.
Benefit:
As a result of the assistance and consultancy provided by our firm, the client was able to obtain Dominican nationality by ordinary naturalization requested.
Category change process.
Kendy together with the Managing Partner José Manuel Alburquerque Prieto proceeded to request the change of residence category by investment to permanent residence, to live in the Dominican Republic for the four (4) members of a family. In this sense, we collaborate in the drafting and compilation of the required documents, as well as the accompaniment of the family to the institutions to exhaust the procedures.
Benefit:
As a result of the assistance and consultancy provided by our firm, the process of changing the category of residence by investment to permanent residence, in favor of the family, was approved and exhausted, and as a result they were able to establish themselves permanently in the Dominican Republic.
Temporary residence.
National and international companies, and free zones, have asked Kendy together with Managing Partner José Manuel Alburquerque Prieto to obtain work visas and temporary work residences for different collaborators from abroad. In this sense, we draft and collect the required documents, and accompany the applicant to the institutions to exhaust the procedures.
As a result of the assistance and consultancy provided by our firm, the requesting companies have been able to obtain the work visas and temporary work residences requested for their foreign collaborators.
NM multiple entry business visas.
A multinational company was assisted in the management of the documents required by the Dominican Consulate in India to obtain Business Visas with multiple entries (NM), in favor of ten (10) employees. In this sense, we draft and compile the required documents, and advise applicants throughout the procedure.
With this assistance, the employees were able to come to work in the Dominican Republic, after having obtained the multiple-entry business visas requested by the client.
Residence visa for rentier, and residence for investment.
Kendy together with the Managing Partner José Manuel Alburquerque Prieto worked in obtaining the residence visa for rentiers of different foreigners. In this sense, we collaborate in the drafting and compilation of the required documents, as well as advice before the Dominican consulates and foreign accompaniment to the institutions to exhaust the procedures.
Benefit:
As a result of the assistance and consultancy provided by our firm, foreigners were able to obtain both the residence visa and the residence by investment.
Workshops:
Migration Law, Migration Policies in the Dominican Republic and Forms of Acquisition of Dominican Nationality – Consejo Latinoamericano de Estudiosos del Derecho Internacional y Comparado (COLADIC), 2019
Credit Enforcement – Gaceta Judicial, 2017
Specialization in Expository & Argumentative Drafting of Judicial Decisions – Escuela Nacional de la Judicatura, 2015
Block of Constitutional Guarantees II: Habeas Corpus G-2 – Escuela Nacional de la Judicatura, 2015
Legal Aspects of Assisted Reproduction – Escuela Nacional de la Judicatura, 2015.
Commercial Companies – Escuela Nacional de la Judicatura, 2014
Third Human Rights Training Workshop – Oficina Coordinadora Residente de la ONU en Rep. Dom., UNICEF, Alto Comisionado de las Naciones Unidas para los Refugiados (ACNUR), Organización Internacional para la Migración (OIM) y el Consejo Nacional para la Niñez y Adolescencia (CONANI), 2014
Alimony – CIDEPROFA, 2012
Civil Acts in the Civil Process – CIDEPROFA, 2012
Course-Workshop on Alternative Dispute Resolution- UCSD, 2012
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