Lawful permanent resident is released from ICE custody

Lawful resident makes a mistake

Our client, who was a lawful permanent resident, hired us in May 2008 when he was concluding his federal criminal sentence for four fraud offenses. His convictions were aggravated felonies for immigration purposes. Upon completion of his sentence, he was placed in removal proceedings and transferred to Oakdale, Louisiana. He was in mandatory detention due to the criminal convictions.

What needed to be filed

Our defense to removal was that we would apply to re-adjust status with a waiver under INA Section 212(h). He was eligible for 212(h) despite the aggravated felony because he adjusted status after a lawful admission as a visitor. The adjustment application would be based on our client’s marriage to a United States citizen. We first filed the I-130 petition. The petition was finally approved in 2009. We then filed the adjustment of status application with the Court. The hearing was conducted in January 2010 and consisted of the testimony of our client, his wife, and an expert witness. At the conclusion of the hearing, the Judge stated he needed more time to issue a decision. We then filed a closing brief with the Court. In April 2010, the Immigration Judge announced his decision. He granted the application for adjustment of status and the 212(h) waiver. Our client was released from ICE custody the next day. Scott Bratton handled the case.

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