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Unpub. BIA MTR Victory Based on Carachuri-Rosendo

June 19, 2017 (1 min read)

Prof. Geoffrey A. Hoffman writes: "This case [Matter of X-, June 12, 2017, unpub.] is significant because the respondent had been deported about 9 years ago unfairly as an alleged aggravated felon due to minor controlled substance convictions. Two years after his removal, in 2010, the Supreme Court ruled in Carachuri-Rosendo v. Holder that the respondent's convictions were not a proper basis for a deportation based on an aggravated felony.  The motion to reopen was granted because the respondent was able to show misadvice from prior attorneys and argued equitable tolling, as well as the fact that the immigration judge had been inclined to grant cancellation in the exercise of discretion but for the (now erroneous) aggravated felony determination. A supreme effort by The Modi Law Firm!"