Immigration Court Defendant Files Cancellation of Removal Now that His Controlled Substance Conviction Has Been Vacate
Our client Rico was held and put into Immigration Court Removal Proceedings in Nevada after pleading guilty to and being convicted of Possession of Drug paraphernalia a deportable offense.Â We successfully obtained a dismissal of his conviction pursuant to Padilla v Kentucky in that Rico was not represented by a lawyer when he pled guilty and did not know the immigration consequences to his guilty plea. Now we will seek prosecutorial discretion from Department of Homeland Security to allow him out of Immigration Removal Proceedings so he can wait until his petition from his mother, who is a lawful permanent resident to become current in order that he can process an I 601 waiver in his home country of Mexico and return as a permanent resident himself.
Without obtaining a dismissal of his drug offense he would not be allowed out of Immigration Court Proceedings and he would be banned for 10 years once he returns to Mexico to apply for his I 601 waiver
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