Margaret W. Wong & Associates LLC is a full-service immigration law practice that provides legal advice and representation to people and companies in the United States. The firm has over 80 years of combined legal experience among its attorneys and serves its clients from offices in Cleveland, New York City, Los Angeles, Chicago, Atlanta, Nashville, Columbus, Minneapolis, and Raleigh. Contact us here to schedule a consultation to discuss your needs.
Client Released & Removal Proceedings Terminated Within Two Months of Client’s Detention by ICE
Our client is a middle aged man from Mexico who entered the United States in 1995. He is the father of two United States citizen children. Unfortunately, he was convicted of three misdemeanor convictions in the United States. The third conviction, attempted possession of drugs, resulted in him being detained by immigration officials. He was held without bond at Seneca County Jail in Tiffin, Ohio because the drug conviction required mandatory detention under immigration law. Removal proceedings were initiated against him in immigration court. We quickly obtained transcripts from the criminal cases to determine if we could vacate any of his convictions. We filed motions to vacate two of the criminal convictions and those motions were granted by the criminal court without a hearing.
With only one misdemeanor conviction remaining, our client was now be eligible for DAPA (Deferred Action for Parental Accountability). We quickly communicated his DAPA eligibility to ICE and the Office of Chief Counsel and argued that he should be released despite the fact that the one remaining drug conviction required mandatory detention. The government agreed and at the first hearing in immigration court, the trial attorney for the Office of Chief Counsel moved to terminate removal proceedings. The immigration judge granted the motion and our client was released that same day without bond. Our client was released and removal proceedings were terminated within two months of his detention by ICE. He will apply for DAPA once applications become available later this year which, when approved, will result in a work permit for a renewable period of three years. Our client and his family are thrilled that he will be able to remain in the United States without fear of deportation.