Old conviction leads to detainment
Our client had a 1996 theft conviction that is considered an aggravated felony. However, she was able to depart and re-enter the United States on several occasions after she was convicted. In June 2009, she was stopped by ICE and found to be inadmissible when returning from a trip abroad. She was placed in removal proceedings. We then filed a Motion to Vacate her plea under R.C. Section 2943.031. The State opposed the Motion. In October 2009, the Judge scheduled an evidentiary hearing on the matter. After hearing the evidence and arguments, the 13-year old plea was vacated. We can now move to terminate removal proceedings. Scott Bratton handled the case.
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