Motion to vacate granted after drug conviction / no removal
Matter of J.J.R.B. (Los Angeles Superior Court, Compton, 2017)
Client was removable for a drug conviction. After successfully completing PC 1000 drug diversion, his case was dismissed for state criminal court purposes but not immigration purposes. After a successful motion to vacate the conviction under PC 1203.43, the client was no longer removable for the drug conviction.
No removal for firearms conviction
(Los Angeles Immigration Court / EOIR, 2017)
After being convicted of possession of a concealed handgun, client faced deportation proceedings. The immigration judge ruled that the offense was not a firearms offense under immigration law and the deportations proceedings were terminated.
Abused husband granted green card under VAWA
Matter of C.F. (USCIS, Los Angeles, 2017)
Client, a U.S. citizen, was physically and verbally abused by his wife, who also repeatedly threatened to have him deported. Client was able to obtain a green card as a battered spouse under the Violence Against Women Act (VAWA).
Waiver of 10-year admissibility ban granted
Matter of E.B.M. (U.S. Consulate, Mexico City)
Client with a 10-year ban on re-entering the U.S. was able to obtain an INA 212(d)(3) waiver from the US Consulate in Mexico. As a result, she received a temporary waiver and was able to rejoin her husband, who had been residing in the U.S. on an L-1 employment visa.
Deportation order vacated
Matter of S.C. (Los Angeles Immigration Court / EOIR, 2017)
Immigration judge vacated client's in absentia removal order after being convinced that the client had never received the Notice to Appear in immigration court.
Green card restored
Matter of J.C.C.M. (Los Angeles Superior Court, Rancho Cucamonga, 2017)
Client had been ordered removed following an aggravated felony conviction. Client filed a Penal Code 1473.7 motion to vacate on the grounds that he did not understand the immigration consequences of his criminal plea. The immigration judge granted the motion and the client is no longer removable. His green card will be restored.
Federal court intervention results in green card
Matter of K.Z. (Federal District Court of Arizona, 2017)
Client's green card application had been pending for 18 months. After a writ of mandamus was filed in federal district court, the U.S. Attorney's Office facilitated a grant of the green card application before the judge decided the case on the merits.
Client not deportable for crimes of moral turpitude
Matter of C.R. (San Diego Immigration Court / EOIR, 2017)
Client was charged with being deportable for conviction of two crimes involving moral turpitude (“CIMT”). But one of his convictions was not, in fact, a CIMT. Once the immigration judge was made to understand this, he granted the client's motion to dismiss the case and restored the client to full permanent resident status.
Military “parole in place” granted
Matter of E.N. (USCIS, Los Angeles, 2017)
Client had entered the U.S. illegally. But due to her U.S. citizen husband's military service, she was granted a military "parole in place" lawful entry. Client received a green card without having to apply for a waiver or being required to leave the country.
Motion to terminate removal proceedings granted
Matter of C.H. (Los Angeles Immigration Court / EOIR, 2017).
Client avoided being removed in absentia when the government could not prove he was unlawfully residing in the US.
25-year-old drug conviction dismissed
Matter of J.C.C. (Los Angeles Superior Court, Long Beach, 2017)
Client, who had a 25-year-old conviction for possession for sale of heroin, filed a motion to vacate under California Penal Code 1016.5 PC. The D.A. agreed to dismiss the charges after being convinced the criminal court had not advised the client of all the immigration consequences that could stem from the plea. Client is now eligible for a green card through a family petition.