Deportation Prevented, Green Card Granted by Immigration JudgePublished: Jul 29, 2008 By: Robert D. Kolken Source: My Source
Our client is a citizen of India and has been a lawful permanent resident for 12 years. Unfortunately, he has five criminal convictions, three of which have been determined to be crimes involving moral turpitude. All of the convictions were misdemeanors and he only spent a total of 60 days in jail for all charges. He is a family man. His wife is a lawful permanent resident and he has four United States citizen children. He is also a small businessman and owns a delicatessen.
Because four of the convictions occurred during the past year, the Department of Homeland Security instituted Immigration Court proceedings against him seeking a court order removing him from the United States. He was arrested and was required to be held in detention during the course of the proceeding under the law that prevents release from custody of persons convicted of alleged multiple criminal convictions.
Because he had not been convicted of an aggravated felony, he was statutorily eligible to apply for cancellation of removal, which if granted would retain his permanent resident status. An application was submitted, along with documentary evidence in support of the application. A trial was held. Witnesses testified.
At the conclusion of the proceeding, the Immigration Judge granted him the relief sought. The Department of Homeland Security did not appeal. He was released from custody the same day and has rejoined his family.