ICE Did Not Establish that Her Crime Involved “Moral Turpitude”

Houston, Texas – November 7, 2013.

Today the immigration Judge in Houston Texas granted Cella & Associates’ Motion to Terminate Removal Proceedings with prejudice on behalf of one of our clients.

Ms. G, a lawful Permanent Resident of the United States since 1990, having been convicted of shoplifting in 1991, and for Interfering with the Normal Operations of a Retail Establishment in 2010, traveled to her home country of Peru earlier this year.

Upon her arrival at the U.S. border in September, Immigration and Customs Enforcement (ICE) in Houston, detained her and charged her with being removable under INA Section 237 (a)(2)(ii) for being an alien who has been convicted of two crimes involving moral turpitude not arising out of a single scheme of conduct.

After several weeks, Ms. G’s daughters retained Cella & Associates to represent their mother. Immediately upon being retained Cella & Associates researched the case, and prepared and filed a Motion to Terminate Removal Proceedings on the basis of the fact that the second NJ offense could not be considered to be a Crime Involving Moral Turpitude under Federal Immigration Law.

Today, the Immigration Judge heard the case and terminated proceedings against Ms. G with prejudice (ICE could not charge her again on the same basis). Ms. G was immediately released and returned to her home and her daughters in New Jersey. Barring any unforeseen developments, Ms. G. will remain a permanent resident in the United States until such time as she naturalizes to U.S. Citizen.

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