772 N 1st St
San Jose, CA 95112
(408) 975-9321
staff@luulaw.com
Successfully Obtained Post Conviction Relief and Defended Client Against Deportation Proceeding for Aggravated Felony Conviction
August 16, 2019
In an August 2019 decision, San Francisco Immigration Court granted our client’s Motion to Terminate Removal Proceeding despite the government’s opposition. Our client is to receive the green card back.
Our client is a permanent resident. Client was convicted for violations of Welfare and Institutions Code 10980(c)(2) (welfare fraud), a felony, and P.C. 118 (perjury), a felony. Client was ordered to pay restitution in an amount over $10,000.
On the way back to the U.S. after a short trip abroad to visit family, client was placed in deportation proceeding and was charged with a ground of inadmissibility for a crime of moral turpitude.
Since the welfare fraud is an aggravated felony for a crime of fraud or deceit with a loss to the victim of more than $10,000, client is not eligible for immigration reliefs such as Cancelation of Removal and Inadmissibility Waiver.
Subsequently, together with client’s criminal counsel, our office successfully obtained Post Conviction Relief for client. Client’s criminal convictions were vacated.
Our office filed a Motion to Terminate Removal Proceeding with the Immigration Court on the basis that client’s conviction was vacated due to substantial defect of the underlying criminal proceeding. Thus, client was no longer removable. The government filed an opposition to our motion.
Ultimately, the Court sided with our client and granted our motion to terminate the removal proceeding. Client is in the process to receive the green card back.
RECENT POSTS