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Mr. L, his family, and his BDS Padilla Attorney Michelle Assad after winning 212(c) relief in July 2016

BDS client Mr. L*, a lawful permanent resident of the U.S. for nearly thirty years originally from the Caribbean, will be allowed to remain in the United States with his six U.S. citizen children and extended family. The case required four years of litigation and specialized defense services from BDS’ Immigration (Padilla team), Family Defense and Criminal Defense Practice teams.

BDS first represented Mr. L in a misdemeanor criminal case in 2012. Our Padilla team worked with his criminal defense attorney to ensure a plea that would not further threaten his immigration status. Nonetheless, Immigration and Customs Enforcement (ICE) detained Mr. L at the conclusion of his criminal case because of two twenty-year-old misdemeanor convictions that made him deportable. After negotiating with ICE attorneys, Mr. L’s BDS Padilla attorney obtained bond and he was released from detention. Yet while Mr. L was incarcerated, his children had been placed in foster care. BDS’ Family Defense Practice stepped in as assigned counsel to ensure that Mr. L could obtain visitation with his children and maintain their loving relationship.

While out on bond, Mr. L’s BDS Padilla attorney began preparing for a 212(c) waiver application (a special immigration waiver for LPRs whose prior deportable convictions are from 1997 or earlier) and impending trial before the Immigration Court. Immigration judges have discretion to issue the waiver. It is up to the person requesting relief to present sufficient positive equities to outweigh negative factors. Thanks to a social worker from BDS’s Immigration Practice, Mr. L’s case grew stronger with a report demonstrating his good character and positive relationship with his children. Fortunately for Mr. L and his family, BDS’ Padilla attorney was able to show the judge that Mr. L warranted the grant of the waiver. The judge’s approval of the 212(c) waiver allows Mr. L to remain in the U.S. with his family and maintain his status as lawful permanent resident.

Brooklyn Defender Services is uniquely poised to represent clients in complex cases involving the intersection of immigration, criminal and family law. We are so pleased that our advocacy efforts led Mr. L to be reunited with his family and no longer fear deportation from the U.S.

*Name kept confidential