1. Client who pleaded guilty to single drug sale, based upon erroneous advice of prior defense counsel regarding immigration consequences of plea, ordered deported-removed for drug trafficking “aggravated felony”. Earlier this week, we learned he was in transit from New York to Louisiana – facing imminent deportation. He has lived in U.S. 16 years, as L.P.R., since the age of 7. Our application for stay of removal in Second Circuit, filed earlier this week, stops his deportation. Yesterday, N.Y.S. Appellate Division grants our motion for leave to file late notice of appeal, so conviction is no longer “final”. Client released from custody last night – now home with his family while we pursue both motion to vacate conviction, and direct appeal, based upon Padilla violation.
2. Client with multiple convictions for crimes involving moral turpitude, held subject to mandatory detention. Fled war in El Salvador in 1986 after entire family killed. L.P.R. for nearly 14 years. We submit extensive documentation regarding good moral character and rehabilitation. This morning, after fourth day of testimony, Judge grants client cancellation of removal and government agrees not to appeal. Client released to wife and sons this afternoon.
3. In 2012, our client charged as removable for aggravated felony conviction. 2013 Judge grants our motion to terminate, and government appeals. We win remand from Board after government withdraws its appeal, but files new charge of removability. All throughout, we argue Matter of Lanferman is discredited by Supreme Court’s decisions in Moncrieffe and Descamps. Three months ago we file second motion to terminate. Board finally catches up three weeks ago when it abandons Lanferman with its decision in Matter of Chairez-Castrejon. We submit supplemental brief citing Chairez. Today, I.J. grants our motion to terminate.
Sometimes, all the work, the long hours and sacrifice can change lives and keep families together. A team effort makes a difference. It was a great day!