Crimes involving moral turpitude convictions does not always necessarily mean automatic deportation. Yesterday, one of my detained clients won his case in front of an Immigration Judge in New York City. This man has been a permanent resident for 15 years. In the 1990s, he was convicted of two crimes involving moral turpitude. He never spent a day in jail. However, when he returned to the United States last January from a trip abroad, the Department of Homeland Security (DHS) took him into custody because it determined that he was removable due to his convictions. After he was taken into custody, he started looking for an immigration lawyer in New York City. One of my existing clients referred him to me. I met him in jail, discussed his case, and we agreed that I would represent him in immigration court. In Immigration Court, my client applied for an INA section 212(h) waiver.
Because of my client’s criminal history, I had to prove to the judge that if my client was not allowed to keep his permanent resident status, that at least one of his family members would suffer extreme hardship. After hours and hours of preparation with my client and his family, the day of the final hearing arrived. Although my client was extremely nervous, he remembered what I had told him, and he was able to adequately convey that he was a good husband and a father, and that his family needed him to be with them.
After my client had testified for three hours, the judge said that he was going to approve his case. The DHS attorney said that he agreed with the judge. My client was a winner, and last night, after spending more than 150 days in three different county jails, he returned home to his loving family.
-Irwin Berowitz
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