Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Immigration Deportation Order Vacated

Published: Sep 13, 2006 10:00 am Source: My Source
We secured a vacation of an Immigration Court’s deportation order against a client, when the Board of Immigration Appeals granted his motion on the client’s behalf to reopen proceedings.  The client had been ordered removed in 1999 due to offenses involving robbery and burglary, for which he was treated as a Youthful Offender in New York.  We argued in our motion that, despite the time that had elapsed since the 1999 orders, the fact that Board of Immigration Appeals precedent had subsequently changed in 2000 to hold that “youthful offender” adjudications are not convictions and do not cause deportability meant that the client should not be subject to deportation as a matter of law.  The Board initially denied the motion, but on reconsideration following the client’s appeal, filed pro se by the client to the Second Circuit and remanded by stipulation from that Court, thought the better of things and correctly reopened proceedings.

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