Our client, a citizen and national of Jamaica, was convicted in Palm Beach Florida of possession with intent to deliver a controlled substance. He was sentenced to four years in prison. At the time, he was a green card holder. He was placed in removal proceedings in accordance with the Institutional Hearing Program (IHP). Our client was ordered removed by a Miami Immigration Judge due to his conviction constituting an aggravated felony. After the 11th Circuit Court of Appeals ruled on the Donawa case, we filed a Motion to Reopen his removal proceedings based on the premise that the Court of Appeals found that our client’s conviction could no longer be considered an aggravated felony. Our client completed his criminal sentence and was transferred to an immigration detention facility near Orlando, Florida. After being transfered, and while his immigration case was pending, the Board of Immigration Appeals issued a decision in a case called, Matter of L-G-H.
Because of this latest case, the Orlando Immigration Judge ruled that our client was, again, an aggravated felon and could not apply for Cancellation of Removal. We attended an individual hearing in the Orlando Immigration Court and argued that our client’s case was different than that of the respondent in Matter of L-G-H, and after legal arguments, the Immigration Judge agreed and granted Cancellation of Removal for our client. He will be released from immigration detention immediately.
Cancellation of Removal Granted.