DiMaria Wins Case for Permanent Resident Facing Deportation for Criminal Conviction

In this case, Client hired DiMaria to represent him with regards to his deportation case. Client is a sixty-year-old permanent resident of the United States who became a permanent resident in 1971.  Client has three United States Citizen children, ages 16, 23, and 28.  Client paid taxes for over 30 years and was now receiving permanent disability for a psychological disorder.  Client had one criminal conviction for Aggravated Assault in 2005.  In 2009, Client traveled to his native country to visit his family and upon return to the United States was arrested at the airport by U.S. Customs and Border Patrol officers.  Client was placed into deportation proceedings because he was inadmissible to the United States for having committed Aggravated Assault. Client would not have had a problem with Immigration if he did not leave the United States.  Client was released from custody and received a notice to appear in immigration court.  Client hired DiMaria to represent him with regards to his deportation proceedings. After speaking with Client, DiMaria determined that Client was eligible to file an application for Cancellation of Removal for Permanent Residents with the immigration court. 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… At Client’s trial, we provided the immigration judge with all of the positive evidence in support of Client’s case, suchas a letter from Client’s church, his children’s birth certificates, his tax returns, medical records, and letters from family members and friends.  At trial, client and daughter testified to the judge as to how Client’s life would be affected if Client were to be deported after living in the United States for over forty years as a permanent resident.  The immigration judge agreed with us and determined that the positive factors in Client’s life outweighed the negative factors.  The Judge granted Client’s application.  Client no longer has to worry about deportation for this conviction and he will likely apply for citizenship in the near future.