Cancellation Of Removal GrantedPublished: Sep 26, 2008 Source: My Source
Our Yemeni client is a lawful permanent resident. His father and brother are United States citizens. His sister is a lawful permanent resident. He has a United States citizen child, who he is supporting. He was convicted of a misdemeanor for simple possession of marijuana which he allowed a roommate to store in his apartment. He was sentenced to probation and was fined, which he paid.
Upon returning to the United States from a trip abroad, the conviction appeared on the computer and his inspection was deferred. We voluntarily presented him for Deferred Inspection with the understanding that Immigration Court proceedings would be instituted against him and that he would be released from custody without bond pending disposition of the case. After he appeared, he was told that he would have to become an informer at great personal risk in order to be released, even though he was not involved in the drug trade. He refused and was arrested and detained.
Three months later, we went to trial before an Immigration Judge and presented his case for Cancellation of Removal, which is discretionary relief from deportation available to a person who has been a lawful permanent resident for five years, and has lived in the United States continuously for seven years, and has not been convicted of an aggravated felony. After hearing all of the testimony and offer of testimonial proof, and after submission of voluminous documentary evidence attesting to our client’s good moral character, the Immigration Judge granted relief and he was released from custody the same day. The attorney for DHS elected not to appeal. This means that our client has retained his lawful permanent resident status notwithstanding this conviction.