Recent Case Results
May 29, 2012 – El Salvadoran citizen receives a green card through NACARA despite conviciton for possession of cocaine
Facts: A citizen of El Salvador had been trying to get a green card for over 15 years. He had had several lawyers, all of whom were taking his money and not doing anything. For instance, one law firm wasted several years and several thousand dollars in an ill-advised attempt at adjustment of status based on a family based petition from the wife. The problem was that the El Salvadoran citizen was permanently inadmissible to adjust status based on his 1996 conviction for possession of cocaine. Desperate, the El Salvadoran citizen came to our firm for help.
The Firm’s Representation: The firm reviewed our client’s case and discovered that despite the possession of cocaine conviction, our client was eligible to get a green card based on NACARA – the Nicaraguan and Central American Relief Act. The firm briefed the question of eligibility with the Immigration Court and the court agreed with our position.
Outcome: On May 29, 2012, after nearly 15 years of trying to get a legal status in the United States, the Immigration Judge granted NACARA relief to our client. Two weeks later, our client’s green card arrived in the mail.
May 24, 2012 – Citizen of El Salvador granted cancellation of removal despite two convictions for PWID marijuana
Facts: A citizen of El Salvador was incarcerated by ICE based for almost two years based being removable for two separate Maryland convictions for possession with intent to distribute marijuana.
The Firm’s Representation: The firm took our client’s case and took the position that our client’s convictions were not “aggravated felonies,” which would make our client eligible for cancellation of removal. Fortunately, the Immigration Court agreed with us and decided that our client was eligible for cancellation of removal.
Outcome: On May 24, 2012, based on the positive equities of our client’s case, the Immigration Judge granted cancellation of removal. Our client was released from ICE custody several days later, after more than two years of ICE custody.
April 23, 2012 – Citizen of Mexico receives 212(h) waiver despite crime of possession of a deadly weapon
Facts: A citizen of Mexico had been trying to get a green card for nearly 15 years without any success. Eventually, she was placed in removal proceedings. She came to the firm for help.
The Firm’s Representation: The firm took our client’s case and discovered that her status as a “child” was preserved under the Child Status Protection Act even though our client was now 33 years old. She could adjust, but she needed a waiver based on a 1999 conviction for possession of a deadly weapon which is a crime involving moral turpitude under the INA.
Outcome: On April 23, 2012, in the Immigration Court, the waiver was granted and our client received her green card.
March 28, 2012 – Paraphernalia conviction vacated upon the filing of a Coram Nobis petition, TPS reinstated
Facts: In 1999, a non-citizen defendant was convicted at trial of the Maryland offense of possession of paraphernalia. He was not represented by an attorney. This conviction caused him to lose his Temporary Protected Status (TPS). He contacted the firm for help.
The firm’s representation: The firm reviewed our client’s case and and filed a Writ of Error Coram Nobis based on a lack of counsel and lack of appointed counsel
Outcome: On December 1, 2010, our client’s conviction was vacated, three months after the firm filed the writ. Several months later, the firm filed a motion to reopen our client’s TPS. On March 28, 2012, the motion was granted and our client received TPS and a work authorization.
March 15, 2012 – Citizen of Korea wins appeal of USCIS decision in the Board of Immigration Appeals
Facts: A citizen of Korea and his wife were found to be is a sham marriage by USCIS. He came to the firm for help.
The firm’s representation: The firm took our client’s case and immediately filed a response to the Notice of Intent to Deny. Nevertheless, our client’s I-130 was denied and he was given a sham marriage finding. The firm appealed to the Board of Immigration Appeals.
Case status: On March 15, 2012, the BIA reversed the USCIS sham marriage finding. The firm is currently assisting our client with another I-130 petition.
March 8, 2012 – Citizen of the Dominican Republic granted LPR cancellation of removal despite conviciton for robbery and other offenses
Facts: A citizen of the Dominican Republic came to the United States with a green card when he was very young. When he became a young adult, he started getting into a lot of trouble. He had committed robbery and numerous offenses of indecent exposure. Later, he was diagnosed with schizoaffective disorder. In 2010, he was placed in removal proceedings. His family sought the firm’s help.
The Firm’s Representation: Our client was eligible for LPR cancellation of removal, but we had to offset the negative aspects of his case with his psychiatric problems. the firm hired an forensic psychiatrist to examine our client and testify in court. In addition, our client was lucky to have the strong support of his family.
Outcome: On March 8, 2012, our client was granted LPR cancellation of removal. Hopefully, in five years, the firm can assist our client to get his citizenship.
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.
February 27, 2012 – Petition for Coram Nobis granted, on retrial, all charges dropped
Facts: In 2002, a non-citizen defendant was tried in the Maryland District Court and convicted of felony theft over $500 and unauthorized use of a vehicle. He was sentenced to 90 days incarceration, suspend all but 5 days. Many years later, he contacted the firm to see if there was anything that could be done.
The firm’s representation: The firm reviewed his criminal case and discovered that our client had requested an appeal from his attorney, but an appeal was never filed. The firm filed a Petitioner for Writ of Error Coram Nobis based on ineffective assistance of counsel.
Outcome: On November 4, 2011, the coram nobis was granted. On February 27, 2012, the State’s Attorney’s Office dropped all charges against our client. Prior to the firm’s involvement, our client had a felony theft conviction, which has been completely erased now.
February 24, 2011 – Assault conviction vacated with a petition for Coram Nobis relief
Facts: In 2009, a non-citizen defendant pled guilty to the Maryland offense of second degree assault even though he did not have a lawyer. He was sentenced to 18 months incarceration, all suspended, and placed on probation for one year. ICE placed him in 238(b) administrative removal proceedings. He was on the fast track out of the country. His wife called the firm for help.
The firm’s representation: The firm reviewed his criminal case and discovered that our client did not intelligently, knowingly, and voluntarily waive his right to counsel. The firm filed a Writ of Error Coram Nobis.
Outcome: On February 24, 2011, our client’s conviction was vacated. The firm is handling our client’s immigration proceedings, which are still pending.
January 30, 2012 – Appeal of USCIS naturalization decision pending
Facts: A citizen of Trinidad and Tobago came to the United States in 1994 and later got a green card in 2003. Subsequently, in 2004 he pled guilty to possession of a handgun. In 2011, he applied for naturalization. After USCIS denied his application for naturalization, he sought the assistance of the firm.
The firm’s representation: The firm took our client’s case and immediately filed an appeal of the USCIS decision. The firm believed that USCIS had no legal authority to deny the naturalization application.
Case status: The USCIS appeal was filed on January 30, 2012. The appeal is still pending.
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