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Major Victory: We overturn a 10 year old criminal felony conviction, stop deportation

Sep 19, 2011 6:27:57 AM / by Staff Attorney

DISCLAIMER: STOCK PHOTO, NOT PHOTO OF CLIENT OR FAMILY

Major Victory: We overturn a 10 year old criminal felony conviction, deportation should be halted now.

Attorney Scott McVarish first sought assistance with the Board of Immigration Appeals to stop our client’s deportation. While we were waiting for that decision, ICE put our client on a bus headed toward the airport to be deported to South America. Within hours Attorney McVarish was arguing for an emergency stay (habeas corpus petition) in federal district court. He won, the deportation was stopped, but ICE continued to seek the client’s removal. (See here for what the judge & prosecutor had to say about McVarish’s representation of our client). Next stop, criminal court…

CRIMINAL CASE OVERTURNED

Attorney Scott McVarish then went into state superior court (criminal division) to argue that his client’s previous two attorneys failed to represent his client adequately in 2001. She was convicted of a felony child abuse case and served nine months in jail. The judge held that McVarish was correct and the client’s conviction would be overturned; he also said that it was likely that McVarish would win any case the district attorney might bring against his client if they sought to try her again for the child abuse case. The district attorney agreed to not bring any charges against McVarish’s client.

When ICE learned that McVarish won the case they agreed to file a joint petition to BIA to have McVarish’s client’s case terminated (meaning, thrown out) so that the client can continue to live here with her family and finally get her citizenship.

MORALE OF THE STORY

Not all attorneys will provide you with the same level of representation. Which attorney you pick may determine your future and that of your family. Pick carefully. For more on picking immigration attorneys, please see http://goo.gl/XZkcw

Topics: Success Stories, Deportation

Staff Attorney

Written by Staff Attorney

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