Our client was ordered removed based on 6 criminal convictions that are considered crimes involving moral turpitude. He was found ineligible for any relief because one of the convictions was an aggravated felony. Thus, despite the fact he has been in the United States for approximately 30 years, he had no basis to challenge his removal. Additionally, he had previously filed 4 motions to reopen that were denied.
Needed to address past conviction
We were retained and we worked with a Texas criminal attorney on a post-conviction motion for the aggravated felony conviction. The Texas criminal court granted the motion and in an order stated both that the original sentence should have been less than one year and that the plea was unknowing and involuntary. We then filed a motion to reopen sua sponte with the Board arguing that since he is no longer convicted of an aggravated felony, he is eligible for a 212(h) waiver as a returning lawful permanent resident. We submitted the application and proof of hardship to our client’s wife in the case that he is deported. DHS opposed the motion. In January 2010, the Board reopened our client’s case. He will now be able to pursue a 212(h) waiver. Scott Bratton handled the case.
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