A case where a deportation order could be overturned.
A new case has recently been decided by the Board of Immigration Appeals (BIA) in Falls Church, Virginia, concerning a citizen of Cuban origin (Hernandez), residing in Miami. In this case, he was able to void a deportation order he had received in Florida. When Hernandez was returning to the United States, after having traveled abroad, the U.S. government considered that it could not admit him to the country upon his re-entry because he had been convicted of committing the crime of grand theft in the third degree, in accordance with Florida Statute §§ 812.014(1), (2)(c). Eventually, he was ordered deported from the territory of the United States in 2009 by decision of an Immigration Court. Years later and because immigration laws have undergone changes in the way they are interpreted, Mr. Hernandez filed a petition to have his case reopened. The legal argument he employed was that, because of the way laws are currently being interpreted by immigration courts, he should not be considered inadmissible and therefore his deportation order should be overturned. According to immigration law, a criminal conviction can be construed as a crime involving moral turpitude or an aggravated felony. In this case, the immigration court issued a decision declaring that his conviction was a crime of moral turpitude, that no precautionary measures were granted, and that his deportation to Cuba was ordered. At first, the immigration court denied the request for reopening, on the grounds that a long time had elapsed since the deportation order was issued. Hernandez then appealed that refusal to the BIA. The Board decided that the case should be reopened. It was concluded that the crime for which Hernandez had been tried in a florida criminal court was not a crime involving moral turpitude. Since there was no crime of moral turpitude in Hernández’s criminal record, he should not have been designated as liable to deportation. The immigration court consequently reopened the matter, struck down the deportation order and closed his case. The reason I highlight this case on my blog is to let readers know that there is a possibility to reopen a case and remove a deportation order, even if you have already been effectively deported out of the United States. If you were declared deportable, according to the rules contained in Florida Statute §§ 812.014, know that you may have the legal possibility of undoing that deportation. This also applies to other types of criminal conviction. Only a consultation with an immigration attorney who has extensive experience in the field can reveal whether your deportation or removal order can be reversed. Contact us now, to advise you.
