Immigration Court Case DismissedPublished: Jul 3, 2008 By: Robert D. Kolken Source: My Source
Our Canadian client was deported slightly more than five years ago in Miami, Florida after he attempted to enter the United States. He was found to be inadmissible at that time because a small amount of cocaine was found in his wallet when he got off the plane. He received a deferred adjudication in the criminal court in Miami.
Unfortunately, that adjudication is a conviction under the Immigration and Nationality Act. An Order of Removal based on inadmissibility has a life of five years. He attempted to reenter the United States at Buffalo, New York before the five years had elapsed and Immigration Court proceedings were again instituted against him for that reason. No other grounds of inadmissibility were alleged.
We adjourned the proceeding until the five years had elapsed, at which time the proceedings were terminated. As result, no Immigration Court order was entered against him. He does, however, require the approval of a nonimmigrant waiver of inadmissibility to enter the United States in the future because of his conviction.