Immigration Court Proceedings TerminatedPublished: Dec 17, 2007 By: Robert D. Kolken Source: My Source
Our Iraqi Kurdish client had been ordered removed before we were retained, and his appeal had been dismissed. Upon investigation, we learned that the conviction for which the removal was based, had been vacated by his criminal attorney. Robert D. Kolken, Esq. moved to reopen his appeal to the Board of Immigration Appeals.
Because the time for so doing was long past, he requested sua sponte reopening. The attorneys for the Government joined in the motion and the proceeding was referred back to the Immigration Judge. We convinced the Immigration Judge that the vacation of the criminal conviction was not for immigration purposes and was not a rehabilitative disposition. The Immigration Court proceeding was terminated and the client will not be deported as a result.