DEPORTATION WIN (LPR with Firearm Conviction, Motion to Terminate granted because DHS failed to show by clear and convincing evidence that the respondent is removable as charged)
Our client, National and citizen of Mexico was admitted as a permanent resident on April 13, 1990 and convicted on March 7, 1994 of violating California PC Section 12020(a)(Possession, manufacture, sell a firearm) and sentenced to 270 days in jail. The NTA charged him as being removable pursuant to Section 237(a)(2)(C) of the INA. Our office contested the charge of removability and filed a Motion to Terminate based on the fact that PC 12020(a) is a divisible statute which requires the modified categorical approach and DHS failed to meet their burden by clear and convincing evidence that the instant conviction was a firearm offense. The Honorable Immigration Judge in Los Angeles agreed and granted our motion.
Respondent happily resides in Riverside with his wife and three children.