Immigration Group Wins Appeal with the Board of Immigration Appeals

On September 29, the NMM Immigration Practice Group won an appeal with the Board of Immigration Appeals – the nation’s highest immigration court – that will allow their client, a national from Guyana who had been ordered deported from the United States after living in this country lawfully for more than 35 years, to reapply for permanent residence in the U.S.

The appellant entered the United States as a lawful permanent resident at the age of 9 in 1977.  He has lived in the United States as a lawful resident for the last 40 years.  His mother is a United States citizen, and he has two U.S. citizen children.

In 1991, the appellant was convicted in California of grand theft.  In 2011, the Department of Homeland Security summoned him into immigration court, charging him as deportable from the United States.  Acknowledging that his conviction made him deportable from the country, the appellant attempted to apply for “cancellation of removal,” a form of discretionary relief from deportation in which an immigration judge evaluates whether the applicant deserves to remain in the United States.  First, the immigration judge looks at whether