Category: Post-Conviction

January 3, 2018

Facts: In early 2017, a citizen of Mexico came to the firm seeking help from being deported.

The Firm’s Representation: Our client had been placed in removal proceedings. However, he had resided in the United States for over 20 years and he had two U.S. citizen children, which made him eligible for cancellation of removal for certain non-permanent residents pursuant to INA 240A(b). The problem was that our client had a conviction for the Maryland offense of identity theft. Most likely, such a conviction would have made our client ineligible for cancellation of removal. Our client stated to the firm that he had been advised by an immigration attorney that a conviction for the Maryland offense of identity theft would not affect his immigration status. The firm disagreed and recommended that our client file a coram nobis in the criminal court. The firm recognized that our client should never have taken a guilty plea because the evidence was insufficient to sustain the charge to theft. Meanwhile, in the immigration court, our client’s eligibility for cancellation of removal was being questioned by the immigration judge who requested briefing on the issue from the firm.

Outcome: On January 3, 2018, the Anne Arundel County District Court granted the coram nobis petition and vacated our client’s conviction for the Maryland offense of identity theft. Instead of briefing the issue in the immigration court, the firm simply filed a copy of the order from the criminal court and asserted that our client was now eligible to move forward on his application for cancellation of removal for certain non-permanent residents pursuant to INA 240A(b) since he had no conviction at all. Hopefully, with the firm’s help, our client will obtain his permanent residency in the not too distant future.

September 9, 2017

Facts: In early 2014, a citizen of El Salvador came to the firm seeking help to get his citizenship.

The Firm’s Representation: Our client had been a green card holder for 27 years, but he had been convicted of two counts of Maryland theft in 1996 and 1997. Understandably, our client was nervous about applying for naturalization. In 2014, those theft convictions were considered “aggravated felony” theft convictions and precluded naturalization. So, the firm filed coram nobis petitions for each of his theft convictions in the Maryland state court. Unfortunately, the coram nobis petitions were denied but the firm appealed. During the appellate process, the immigration case law changed such that Maryland theft was no longer being considered an “aggravated felony” theft conviction. So, the firm asked the appellate court to stay the appeal while our client applied for naturalization. Despite extensive legal briefing, our client’s naturalization application was denied. The firm appealed the denial of the naturalization application by filing an N-336 Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA). The firm included additional briefing based on a recent case that had been decided in the Supreme Court, Mathis v. U.S., 136 S. Ct. 2243, 2247 (2016), that supported our client’s position.

Outcome: On September 9, 2017, our client was sworn in as a citizen of the United States.

Comments: This case was a very gratifying win for the firm because it was such a hard-won fight. The firm believed that our client deserved citizenship and both the firm and our client never gave up, despite the numerous setbacks.

May 15, 2015

Facts: In January 2013, a citizen of Yemen entered the United States and was stopped at the border and placed in secondary inspection. Even though the citizen of Yemen had a green card, he had an 16-year old conviction for the Maryland offense of second degree assault. Border patrol released the citizen of Yemen, but he was shaken nevertheless. He sought the firm’s help.

The Firm’s Representation: In 2013, the Maryland offense of second degree assault was potentially an aggravated felony under the INA. In our client’s case, he had been sentenced to 18 months incarceration, which could have triggered an “aggravated felony” classification. The firm had no choice but to seek a belated sentence reduction by way of a coram nobis petition. Luckily, our client had no further brushes with law enforcement which always helps. The coram nobis petition was granted and our client received a probation before judgment. The firm subsequently filed an application for naturalization.

Outcome: Our client is now a citizen of the United States. This case ended up being one the most gratifying cases the firm has ever worked on. When our client first approach us, he was in medical school. Eventually, our client was approaching graduation from medical school and he was applying for residency positions. Even though our client was at the top of his class in a prestigious medical school, his conviction for second degree assault was hindering any residency program from offering him a position. After our client’s assault conviction was re-sentenced as a probation before judgment, the firm received a call from our client. He asked whether he had to indicate on his residency applications that he had a conviction. The firm told our client that, under Maryland law, a probation before judgment cannot be considered a conviction for any purpose (although for immigration purposes, a probation before judgement still remains a conviction). So, our client started sending out his residency applications that indicated that he had no convictions and subsequently residency offers started pouring in. Our client eventually accepted a residency position at prestigious hospital in Baltimore, Maryland and he is on his way to becoming a full-fledged medical doctor. Everybody makes mistakes and everyone deserves a second chance. The firm was really happy to be able to help our client reach his goals.

August 12, 2013

Facts: A citizen of El Salvador was detained by ICE – he had no status and a conviction for possession of marijuana. He hired a very reputable immigration attorney. Nevertheless, the immigration attorney did not know how to deal with a Maryland conviction for possession of marijuana. The Immigration Attorney asked the Immigration Court to grant the citizen of El Salvador voluntary departure, which was granted on May 1, 2013. The citizen of El Salvador’s family was frantic because they did not want him to be deported. The family came to the firm on May 15, 2013.

The Firm’s Representation: First, jumped into action an filed a coram nobis petition in the Maryland state court. Second, the firm filed a motion to reopen and a stay of deportation with the Immigration Court. Time was ticking because ICE wanted to physically deport our client. After several phone calls to the Immigration Court clerks, the stay was granted. Two days later, the detention center asked our client to pack his belongings because he was on the deportation list for the day. Even though the firm had previously contacted ICE and informed them of the stay, the detention center had not received notice. After several further phone calls, our client was taken off the deportation list. The firm had stopped our client’s deportation with only two days to spare. After a hearing on July 26, 2013, our client’s coram nobis petition was granted. The firm then filed a joint motion to reopen and a joint motion for bond in the Immigration Court, with the permission of ICE, and our client was released from ICE custody on $3,000.00 bond on August 12, 2013.

Outcome: Our client lost everything when he pleaded guilty to possession of marijuana – he lost his TPS status, he was placed in removal proceedings, he was detained, and he was almost deported. Tragically, our client was completely innocent of these charges which was borne out on postconviction. Our client is now in the process of getting his TPS back and possibly seeking cancellation of removal in the Immigration Court.

May 2, 2013

Facts: A citizen of El Salvador was detained detained by ICE on May 8, 2012 and ordered deported on December 3, 2012. His fiance came to the firm for help.

The Firm’s Representation: First, the firm had to reopen our client’s immigration case. In early January 2013, the firm filed a motion to reopen with the Immigration Court, which was eventually granted. Then, the firm reviewed the underlying reason for the ICE detention – our client’s conviction for sex offense in the fourth degree. Unfortunately, our client had received really bad advice from his criminal defense attorney who advised our client to decline an offer of Probation Before Judgment from the sentencing judge. After analyzing the conviction and sentencing, the firm came to the realization that if our client had accepted the Probation Before Judgment, he would not have been subject to mandatory detention in the immigration context. The firm immediately filed a petition for post-conviction relief in the Circuit Court of Maryland.

Outcome: On April 22, 2013, the post-conviction petition was granted. On May 2, 2013, based on a motion for reconsideration of bond in the Immigration Court, bond was granted and our client was released from ICE custody later that same day. Naturally, our client and his family were thrilled to be released after almost one year of detention that was caused by bad advice from his criminal defense attorney. Our client’s immigration case remains pending in the Immigration Court, but our client now had several options available to him to get into a legal status.