Obtained Post Conviction Relief and Terminated Deportation Proceeding pursuant to Petty Offense Exception - Client received Green Card back (September 2019)

Sep 06, 2019

In a September 2019 decision, San Francisco Immigration Court granted our client’s Motion to Terminate Removal Proceeding pursuant to Petty Offense Exception. The government did not even oppose our motion. Our client received his green card back during the hearing.

Our client is a permanent resident. Client was convicted California Penal Code, section 487, subdivision (a) (felony grand theft) and Penal Code, section 484-666, petty theft with a prior offense, a misdemeanor. These two convictions are both crimes involving moral turpitude (CIMT) rendering the client deportable and inadmissible.

On his way back to the U.S. after a short trip abroad to visit family, client was placed in deportation proceeding and was charged with a ground of inadmissibility for a crime of moral turpitude.

Our office approached the District Attorney Office and filed a motion in the criminal court pursuant to Pen. Code, §§ 1016.5 and 1473.7 to vacate the client’s felony grand theft conviction due to substantial and procedural defect of client’s criminal proceeding. Client’s felony conviction was subsequently vacated.

Since client only has one CIMT misdemeanor conviction, client is eligible for Petty Offense

Exception. A noncitizen is automatically not inadmissible under the Petty Offense Exception if (1) they have committed only one CIMT; (2) the offense has a maximum potential sentence of a year or less; and (c) a sentence of six months or less was actually imposed.

Our office filed a Motion to Terminate Removal Proceeding with the Immigration Court on the basis that client is not removable pursuant to Petty Offense Exception. The government did not oppose our motion.

The Immigration Judge granted our motion to terminate the removal proceeding and client received his green card back during the hearing.

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