Deportation Charges DismissedPublished: Aug 22, 2008 By: Robert D. Kolken Source: My Source
Our Canadian citizen client was issued an immigrant visa based upon his United States citizen fatherís petition. When he presented himself for admission as a lawful permanent resident at the border, Immigration Court proceedings were instituted against him on the basis of their claim that he had committed an unspecified fraud and was a drug addict or drug abuser.
We successfully defended the charges because the Department of Homeland Security was unable to prove when, where, and in what manner a fraud or misrepresentation occurred, and because our client had not been examined by a Department physician, there was no competent proof of his alleged addiction or abuse. The Departmentís District Counsel agreed with our assessment and stipulated to terminate the proceedings without prejudice to either party.