November 28, 2011 – Citizen of Trinidad and Tobago retains his green card after ICE terminated proceedings. Client released after two years of ICE detention.

Facts: In 1998, a citizen of Trinidad and Tobago was granted lawful resident status. In 2009, he was convicted in Maryland of second degree assault. ICE detained our client and instituted removal proceedings alleging that our client had committed “sexual abuse of a minor.”

The Firm’s Representation: The firm represented our client throughout his entire immigration proceedings. The firm asserted that the charges of removability could not be sustained by a conviction for second degree assault. In December 2009, our client was ordered removed in the Immigration Court. Our appeal to the Board of Immigration Appeals was denied in April 2010. On June 3, 2010, our client was deported to his home country of Trinidad and Tobago. The firm appealed to the U.S. Court of Appeals for the Fourth Circuit. By order of the Fourth Circuit, the case was remanded back to the Board of Immigration Appeals, which remanded the case all the way back to the Immigration Court. After lengthy negotiations with the Department of Homeland Security, our client was granted parole back into the United States on June 3, 2011. In the Immigration Court, once again the Immigration Judge ordered our client deported. The firm filed an appeal to the Board of Immigration Appeals and filed a habeas corpus in the U.S. District Court for Maryland. Concurrent with our client’s immigration proceedings, the firm also filed and successfully obtained post-conviction relief for our client’s 2002 theft conviction.

Outcome: On November 28, 2011, the Department of Homeland Security changed their position on our client’s case and terminated his removal proceedings and released our client from detention. Hopefully, in a couple of years, the firm will be able to file an application for citizenship on behalf of our client.