An LPR client reached out to us shortly after receiving a Notice to Appear while serving time on a federal jail sentence. We began preparing a 212(h) waiver for the crime he was serving on so that the client could readjust in proceedings. However, when we received a copy of the NTA and the Government’s removal evidence, we learned that our client had been erroneously charged as an aggravated felon.
Though the Government refused to strike the aggravated felony ground of removal from the NTA, our termination argument persuaded the IJ and he would not sustain the charge, making our client eligible to apply for cancellation of removal. Our client’s supportive family, many positive equities, and candid testimony persuaded the IJ to exercise discretion in the client’s favor, and now this family is no longer facing permanent separation.
We pride ourselves on our track record of representing criminal defendants in immigration court, and we urge you—never concede the removability charges without closely reviewing both the NTA and the Department’s removability evidence! Removability is the government’s burden and it’s our job to hold them to that burden. Just because you have a criminal conviction doesn’t mean the Department is correct in trying to deport you, so consult with an attorney!