New York Lawyer's Legal Updates

How Previous Case Rulings Can Affect Deportation Decisions

Author: Law Office of Alena Shautsova

The outcome of a deportation case depends on many factors. No two cases are the same and certain judges weigh case factors differently than others. Many legal arguments are available and which one will influence the judge to rule in an immigrant's favor is a variable.

Recent deportation case with a successful outcome

In a recent case reported by the Sacramento Bee, the lawyer successfully argued the case of an undocumented immigrant based on an earlier case ruling.

The case involved a man named Rogelio Servin who entered the United States when 12 years old. His family was waved on by the immigration official at San Ysidro. This fact related to a 2010 court ruling where the federal Board of Immigration Appeals found Graciela Quinlantan as legally entering the United States. She faced deportation charges but because she entered the country in a car with a U.S. citizen and was the wife of a U.S. citizen, the court ruled her entry as legal, inspected and admitted.

Servin's immigration attorney argued this same point along with family hardship factors. Despite the fact that Servin had a previous felony conviction derived from a domestic dispute, he was a high school graduate and had a history of restaurant management experience. However, he was playing loud music while driving, and authorities detained him. The chemical test led to DUI arrest, followed by deportation proceedings. He spent seven months in jail prior to this Texas court's ruling on his case that he had legally entered the country.

It is an unusual case because not many cases are won using this argument and most undocumented immigrants where the argument was successful, also had immediate relatives who were U.S. citizens.

Seeking legal help can make a difference

If you face NY deportation proceedings, do not give up, but rather obtain a skilled New York immigration attorney.

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