ATTORNEY HAMILTON SECURES LPR CANCELLATION OF REMOVAL FOR ALIEN IN MANDATORY DETENTION

On May 22, 2012, Attorney Hamilton tried his first Lawful Permanent Resident (LPR) Cancellation of Removal case for the year 2012, via Tele-Video, before Immigration Judge (IJ) Walsh of the Los Angeles Immigration Court.  In this case, the alien had been detained since March of 2012, following a conviction for a relatively minor offense.  However, the alien's past criminal history, including convictions related to controlled substances, precluded bond for the alien.

LPR Cancellation is a special type of waiver, which allows certain LPRs who are deemed removable from the United States (usually based upon criminal convictions which trigger removability) to remain in the U.S., retaining their LPR status.  Aliens convicted of controlled substance related crimes and aliens classified as Aggravated Felons under immigration law, generally find themselves unable to receive bond from immigration detention and must take their cases to trial while in detention.  These cases are placed on an expedited schedule by the Immigration Court and are sometimes brought to trial in a matter of weeks as opposed to the years of litigation taken in non-detained cases.  Both attorney and clients are challenged in these cases since the documentation and trial preparation process is so significantly accelerated.

Aliens granted LPR Cancellation may be released from immigration detention as early as the same day their applications are approved.

We are happy to announce that after extensive testimony by the alien and proffers of testimony of witnesses in the case by Attorney Hamilton, the alien was granted LPR Cancellation of Removal.