Q: What's the likelihood of getting an old immigration case dismissed that was recently reopened by the BIA sua sponte.
Came to this country in 82 as a LPR from Jamaica at age 7. Was convicted of rob 1 in 93 and sentenced to 3 1/3-10 yes and cscs in the third degree in 94. Was ordered removed in 95 for the rob 1 conviction for a crime of violence and firearms offense and was subsequently deported in 99 after completion of my sentence. Was found back in the country in 2015 by ICE and charged with illegal reentry in the Eastern District of NY which was subsequently dismissed in March 2016. In his ruling the district judge ruled that I wasn't deportable on either charge under the categorical approach. I was further eligible for 212 (c) relief. Premised on the district court ruling, the BIA reopened sua sponte and I am currently back in removal proceedings, see USA v Shani Moncrieffe which is online for the procedural history. Based on the district court ruling was curious of my chances of getting a dismissal in immigration court.
A:
This is a complex issue. Do not try to solve this online. Schedule a consultation with an experienced immigration attorney.
Carl Shusterman
www.shusterman.com
1 user found this answer helpful
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