March 7, 2012 – Motion to reduce/modify sentence under the Maryland Rules granted, conviction vacated

Facts: A non-citizen defendant had a conviction for the Maryland offense of burglary and was sentenced to three years incarceration, all but six months suspended. Before he could begin his six month sentence, he was picked by ICE and transported to Texas to be deported. His family called the firm for help.

The firm’s representation: The firm reviewed our client’s case and believed that the court would be amenable to a reduction in the sentence to a term of incarceration under one year. The firm filed the motion to reduce/modify the sentence which was granted. The firm then entered an appearance in our client’s immigration case and successfully argued for ICE bond (the three year sentence subjected our client to mandatory detention, but the 364 sentence permitted him to get bond). Our client made bond, left Texas and returned to Maryland. He served his six month sentence and is now petitioning the court for post-conviction relief. The firm assisted the Office of the Public Defender with our client’s post-conviction petition.

Outcome: On February 14, 2012, the post-conviction petition was granted. On March 7, 2012, after nearly three years, our client’s removal proceedings were terminated. Our client was able to keep his green card and he will be able to get his citizenship in five years.