1. Deportation Defense Attorney in New York | Background of Long Term Residency and Airport Detention
The client was born abroad and obtained lawful permanent resident status as a teenager more than thirty years ago, eventually building a life in New York centered on family and a long standing career in elder care services.
For decades, the client renewed the green card without incident and had no interaction with immigration enforcement until returning to New York through a major international airport after visiting relatives overseas.
Lawful Permanent Resident History and Unexpected Immigration Hold
Upon inspection by U.S. Customs and Border Protection, immigration officers identified a prior New York criminal conviction from over a decade earlier and detained the client for secondary inspection.
The conviction, which resulted in probation rather than incarceration, had never previously interfered with the client’s immigration status or green card renewals.
Despite this history, the client was issued a Notice to Appear and placed into removal proceedings under Immigration and Nationality Act §237(a)(2), alleging removability based on a criminal ground of deportability.
2. Deportation Defense Attorney in New York | Criminal Conviction Analysis Under New York Law
Immediate review by a deportation defense attorney in New York revealed that the prior conviction stemmed from a non violent misdemeanor prosecuted in New York State court many years earlier.
Critically, the plea had been entered without any advisement regarding immigration consequences, and the client had remained crime free ever since.
Post Conviction Relief Strategy Under CPL §440.10
The legal team pursued vacatur of the conviction under New York Criminal Procedure Law §440.10, arguing that the plea was constitutionally defective due to ineffective assistance of counsel.
The motion established that defense counsel failed to advise the client of clear immigration consequences, contrary to standards articulated in Padilla v. Kentucky and adopted by New York courts.
The criminal court granted the motion, vacated the conviction, and dismissed the accusatory instrument, effectively eliminating the criminal basis for removability.
3. Deportation Defense Attorney in New York | Immigration Court Defense and Termination of Removal
With the underlying conviction vacated on substantive and constitutional grounds, the deportation defense attorney filed a motion to terminate removal proceedings before the Immigration Court.
The argument relied on Board of Immigration Appeals precedent recognizing that convictions vacated for legal defects cannot sustain removability.
Termination Under Federal Immigration Standards
The Immigration Judge determined that, following vacatur under CPL §440.10, the respondent no longer had a qualifying conviction under INA §101(a)(48)(A).
As a result, the court held that the Department of Homeland Security failed to meet its burden of proof under INA §240(c)(3).
The removal proceedings were formally terminated, restoring the client’s lawful permanent resident status without restriction.
4. Deportation Defense Attorney in New York | Naturalization Strategy After Removal Defense
Following termination, the deportation defense attorney in New York advised the client to pursue naturalization in order to eliminate future immigration vulnerability.
Given the dismissal of removal proceedings and the absence of disqualifying conduct, the client was statutorily eligible to apply for U.S. citizenship.
Naturalization Filing and Interview Representation
The legal team prepared the N 400 application with detailed disclosure of the vacated conviction and supporting court orders.
During the naturalization interview, counsel accompanied the client and addressed USCIS questions regarding criminal history and good moral character under INA §316(a).
The application proceeded without further issue, positioning the client for full integration as a U.S. citizen.
30 Dec, 2025
