Immigration Clinic Terminates Removal Proceedings against 80-year-old Client
The efforts of Genevieve Roman '10, Janet Kim '10, and Diem Tran '10 were rewarded last week when the students, under the supervision of Professor Raha Jorjani of the Immigration Law Clinic, were able to successfully terminate removal proceedings on behalf of an 80-year-old lawful permanent resident.
The man, a disabled citizen of Mexico who has legally resided in the United States since 1990, had been facing a deportation order in part because he had no representation in his first appearance at Immigration Court, where he was ordered removed based on the Court's mistaken impression that he had been convicted of selling drugs when in fact he had only been charged with possession. The client was referred to the Immigration Clinic by Karen Burke, Esq., of O'Toole, Rothwell, Nassau & Steinbach in Washington, D.C., who had been assigned the case as a pro bono project.
Burke successfully litigated the case before the Board of Immigration Appeals, and it was remanded for the Judge to assess whether or not the client was eligible for relief. While the case was pending before the BIA, Roman investigated and obtained documents that established that the man was convicted of possession and not sale. She then facilitated post-conviction relief for the client with additional pro bono representation by Wes Hamilton, an attorney in Exeter, California, in the form of an expungement of his only conviction. Once on remand, Kim and Tran drafted several pre-trial motions, ultimately resulting in a final motion to terminate arguing that expungement of a first-time possession offense eliminates any immigration consequences of that conviction. On November 3, the Court granted the motion, restoring client's lawful resident status.
"This case highlights how much can get done on behalf of someone in need where pro bono counsel is available, particularly where age and health become such important factors in the case, as well as the importance of collaboration between immigration and criminal defense counsel," said Professor Jorjani, staff attorney with the Immigration Law Clinic.