In a victory that was nearly 19 months in the making for a JM client, a Baltimore immigration judge agreed to terminate the proceedings of a nearly 25 year lawful permanent resident who was charged as being removable on aggravated felony grounds for a 2006 statutory burglary conviction in Virginia. After extensive briefing on the legal issues—including the application of the categorical and modified categorical approach to state criminal convictions that has become hotly litigated before U.S. Supreme Court, the various Courts of Appeal across the country, and the Board of Immigration Appeals—by Immigration Attorney Himedes Chicas and co-counsel Ben Winograd of the Immigrant and Refugee Appellate Center, which included a remand from the Board of Immigration Appeals, the immigration judge in Baltimore concluded that the Department of Homeland Security did not meet its burden of proof in establishing that the respondent was convicted of an aggravated felony. Shortly after the immigration judge’s decision was issued, Attorney Chicas received confirmation that Immigration and Customs Enforcement would be releasing his client, after a nearly 19 month long detention, in time to be reunited with his family and his U.S. citizen fiancé for Valentine’s Day! If your friend or loved one is placed into removal proceedings on aggravated felony grounds there might still be hope for fighting deportation. Feel free to call Maryland immigration lawyer Chicas at 202.384.2647 to discuss this type of matter.
