DiMaria Wins Deportation Case For Permanent Resident With Gun Possession Conviction

In this case, Client was a twenty-year-old citizen of Dominican Republic who had a green card since 1995.  Client was single, had no children, and lived with his mother and brother. Client was convicted of unlawful possession of a handgun and sentenced to three years in jail with one year of parole ineligibility.  After client served his jail sentence he was transferred into immigration custody.  Client’s mother hired The Law Office of Jayson DiMaria to represent Client who was facing deportation.  DiMaria filed an application for Cancellation of Removal for Permanent Residents with the court on behalf of Client.  This application requires Client to prove to the Judge that positive factors such as length of time in the United States with a green card, family ties in the United States, employment history, etc… outweigh negative factors such as criminal history, etc… DiMaria submitted evidence to the court on behalf of Client demonstrating that Client had a green card for fifteen years, lived with his mother and brother, had a close relationship with his family, had some employment history, and showed signs of rehabilitation.  The negative factors against client were his Unlawful Possession of a Handgun conviction and nine arrests, five as a juvenile and four as an adult, mainly for minor offenses.  At trial, DiMaria had client, client’s mother, and client’s brother testify.  All testified as to the close familial relationship and hardship they would all suffer if Client were deported.  The case was very close to call, but the Judge decided to approve client’s application giving him one more opportunity to keep his green card and not get into trouble.  Client may be eligible to apply for citizenship in the next few years