Post Conviction Relief in Immigration Case Results

Post Conviction Relief Results by John MacDonald

July 2012: 

Client detained by immigration authorities after they discovered a Massachusetts 2006 drug conviction. Since the client was subject to mandatory detention at the Boston Immigration Courts, all efforts were focused on vacating the conviction.

Motion for New Trial was granted by the trial court based upon Padilla v. Kentucky violations and client was released from immigration custody.

Client had previously received a 212(c) waiver based upon old criminal convictions. Immigration authorities put client into removal proceedings based upon a Rhode Island receiving stolen goods conviction which occurred after the grant of 212(c) relief.

Post-conviction relief was filed and granted based upon Padilla violations.

Client’s removal case is now subject to a Motion to Terminate.

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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.