DiMaria Wins Case For Permanent Resident Facing Deportation For Several Theft Convictions

I n this case, Client’s family came to see DiMaria for a consultation to help their daughter who was in immigration custody. Client was a citizen of Germany who had a green card since 1976. Client was divorced and had one minor United States Citizen child. Client had fifteen arrests for theft by deception, fraudulent use of a credit card, and other theft related offenses that occurred from 2004 until 2008. Because client had two or more convictions for theft offenses, Client was subject to mandatory detention and had to remain in jail during the case. Client’s family hired DiMaria who immediately visited client in jail. After speaking with Client, DiMaria determined that Client was eligible to file an application for Cancellation of Removal for Permanent Residents with the immigration court. This application requires Client to prove to the Judge that positive factors such as length of time in the United States with a green card, family ties in the United States, employment history, etc… outweigh negative factors such as criminal history, etc… This was a very difficult case because Client was arrested fifteen times, therefore client’s family had to come up with a lot of evidence to demonstrate Client’s positive characteristics. DiMaria submitted evidence to the court on behalf of Client demonstrating that Client had a green card for thirty-five years, she was under the care of a psychiatrist, she filed taxes for the last ten years, she was the victim of domestic violence, and her entire family lived in the United States. At trial, six witnesses were prepared to testify including a psychiatrist. After listening to the testimony, the Immigration Judge granted Client case and she was released from jail. This was a very difficult case, however the Judge determined that the positive factors outweighed the negative factors and therefore the judge granted the case.