About James Y. Victory, Esq.

I am an attorney at Hanmi Center for Justice, PLLC. located in Annandale, VA.

I am a graduate of Georgetown Law Center (J.D. 2003), Thunderbird Graduate School (MBA in 1994, with Distinction), and Virginia Tech (B.S. Marketing, 1990, Cum Laude). In my former career as Korean-English interpreter, I interpreted for the U.S. President (George Bush, Jr.) in his summit meetings with the Korean President (Roh, Moo-Hyun). I also interpreted for Secretaries Condoleezza Rice, Robert Gates, Jang-Yop Hwang, and Leon Paneta as well as the S. Ct. Chief Justice Hon. John Roberts.

I was admitted to the Virginia State Bar in 2003. Admission into the bars of Maryland State, U.S. District Courts for Eastern District of Virginia, District of Maryland, and Washington D.C. followed.

Since 2003, I have appeared in over 1,200 cases as the lead attorney. At below are some of the more memorable cases I've represented:

[Immigration] In 2023, I prevailed in a removal proceeding in the Immigration Court in Sterling, VA. In this removal action initiated by the Department of Homeland Security (In Re. B. Yang, File No. A-xxx-134-273), the government sought to deport my client B. Yang on the basis that B. Yang did not have legal status to remain in the U.S. Hon. Michael Davis, however, dismissed the government's action because the government failed to provide "non-rebuttable, non-impeachment evidence" to satisfy its burden of proof. The main issue was whether the Notice To Appear (NTA) issued by the government stated sufficient facts for the court to order a deportation. The NTA pre-maturely charged my client with a violation that had not occurred as of the date of the notice. My argument was that the government cannot base its removal action on an event that is expected to occur in the future. The Court agreed with me.

[Racial Discrimination] In 2023, I successfully defended a healthcare company in the Eastern Dist. of Virginia. In Osman v. Youngs Healthcare, Inc. et.al, Case No. 1:21-cv-00639, after three days’ trial, the jury returned a verdict for my client on the charge of racial discrimination; and a verdict for the plaintiff of only $7,500 on her overtime claim. The plaintiff was seeking nearly half a million dollars in damages.

[Family Law] In 2022, in a divorce action in Fairfax Circuit Court in Virginia, Na v. Kim, CL2020-xxxx, after the first day of trial, I successfully settled the equitable distribution in which my client received over $6 million dollars. After the second and third day of trial, on the issue of spousal support, the Court ruled in my client’s favor and ordered the husband to pay monthly spousal support for an amount and period satisfactory to my client.

[Bankruptcy] In 2021, in a bankruptcy action in the Bankruptcy Court for the Eastern District of Virginia, Lee v. Cho, No. 20-10797, I successfully defended the debtor who was seeking to discharge a debt in the amount of $320,000. In this adversary proceeding, the creditor claimed that the debts owed by my client was nondischargeable under USC Sec. 523(a). The main issue was whether the money borrowed was intended for "gye" (a Korean money club) and whether the money was properly used. After a two-day trial, the Court agreed with me and found that the debt was dischargeable.

[Appeal] In 2021, I prevailed on a motion to modify the supersedeas bond amount set by the bankruptcy court. In this appellate decision, the U.S. Dist. Ct. for the Eastern District of Virginia determined that the prospective bond amount of $25,000 set by the lower court in Shin v. Lee, 20-cv-1542 (Bankruptcy Case No. 09-16431) was not consistent with the Local Rules of the US Bankruptcy Court for the Eastern District of Virginia Rule 8007-1(B) and that the proper amount was the judgment amount which was only $3,905, 1/6th of the original bond amount, set by the bankruptcy court. "Indeed, including prospective costs when setting the amount of an appeal bond would improperly burden the right to appeal," Hon. T.S.Ellis, III (March 16, 2021).

[Appeal] In 2019, I prevailed in Morgan v. Morgan, No. 1946 (Md. App. 2019). In this appellate decision, the lower court's ruling on the validity of a property settlement agreement (PSA) was struck and the case was remanded to the circuit court for a new trial. The Court of Special Appeals found that the circuit court erred by failing to consider whether there was a confidential relationship between the parties when the PSA was entered. The appellee Husband told my client that the PSA was the 'same thing' as the earlier agreement entered by the parties. The issue was whether my client's reposing of trust in her husband was appropriate under the circumstances.

[Appeal] In 2019, I prevailed in Build America v. Jisu, Inc., CL 18007042-00, Prince William County Circ. Court, after appealing an adverse decision from the General District Court. In this action, the Circuit Court reversed the decision of the lower court and ruled that the special assessment by the plaintiff condominium association was void ab initio as it was in violation of Sec. 55-79.75 of the Condominium Act.

[Overtime Wages] In 2019, I successfully defended an overtime/retaliation action under FLSA in Cho v. Joongang Daily News, 18-cv-1062, in the U.S. Dist. Court for the Eastern District of Virginia. In this multi-state, consolidated action, plaintiff sought over $250,000 in damages and an additional $150,000 plus in attorney's fees. The action settled for $20,000 in damages plus reasonable attorney's fees. While the overtime action was ongoing in Virginia, the retaliation action originated in California. The actions were later consolidated, litigated, and settled.

In addition to English and Korean, I also speak and write Japanese and Mandarin Chinese.