>> Removal Proceedings Terminated Via Garcia Motion

09 April 2010

REMOVAL PROCEEDINGS TERMINATED VIA GARCIA MOTION

CLIENT FREE TO STAY IN THE UNITED STATES WITH A “GREEN CARD” DESPITE PRIOR DRUG CONVICTION.

By way of order dated April 6, 2010, an Immigration Judge in Newark terminated Removal Proceedings against a Colombian national who had been convicted of Possession of Controlled Dangerous Substance, to wit: cocaine, in New York on January 29, 1991. 

After serving three years for her crime, Ms. X. married a United States Citizen and applied for lawful permanent residence in the United States.

On her application, Ms. X claimed that she had never been arrested, and she received her green card during 1996.



In 2007, Ms, X was charged with being removeable for her prior drug conviction and for fraud in her failure to disclose her arrest and conviction.



In response to the afore-mentioned charges, the undersigned counsel argued that the Immigration Service was barred by a five-year statute of limitation in bringing revocation proceedings under the case Carcia v. Att’y Gen., 545 F.3d 252 (3d Cir. 2008), with the controlling date being the date of adjustment of status to lawful permanent resident.



Ultimately, the Immigration Court agreed and terminat5ed R3emoval Proceedings against Ms. X with prejudice, thus allowing her to remain legally in the United States with her husband and child. 

This matter was handled by attorney Joseph G. Cella and his staff.