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AFTER FIVE YEARS BEHIND BARS, JAMAICAN MAN WINS CASE AND GOES HOME

An immigration court judge in Federal court, judge for Department of Homeland Security

Shamar was still in prison when his wife came to see me. He was serving time for illegal possession of a rifle. At the time of his arrest, Shamar had his own restaurant, which served Jamaican food six days a week. Ten years earlier, Shamar had become a Permanent Resident of the USA, thanks to his marriage to his U.S. citizen wife. The couple had two children, and they lived in New York City. When Aina came to see me, Shamar had just been put in removal proceedings, in Buffalo, New York.

Because of his conviction, Shamar was not eligible for bond. He was, however, eligible to win a Cancellation of Removal case in Immigration Court. The Immigration Judge transferred the case to New York City. Shamar was held in a New Jersey County jail. Aina and the children visited him every weekend.

Shamar and I had two Master Calendar Hearings before the Immigration Judge in New York City. Then, he was scheduled for a final hearing. Working together with his wife, the family’s pastor, the children’s school, and other members of his family, I received a lot of helpful documents and papers, and submitted nearly all of them to the judge. The day of the final hearing, many family members and friends of Shamar filled the courtroom. At that point, Shamar had spent five years behind bars, four in a state prison and one in immigration detention. Despite that, Shamar was a good witness. He took responsibility for his crime. He promised the judge that he would never get into trouble with the law again. Shamar said that, if he wins the case and is released, he will devote himself one hundred per cent to his wife and children. The DHS attorney had some tough questions for Shamar concerning the rifle, and what he had planned to do with it, but he answered her questions calmly, simply, and directly.

Aina testified even better than her husband. She explained to the judge what she had been through the last five years, and how her children and she had suffered without Shamar’s financial and emotional support. The DHS attorney was satisfied with Aina’s testimony. A few minutes later, the Immigration Judge announced that he had decided to approve Shamar’s application for Cancellation of Removal. One hour later, Shamar left the building, a free man for the first time in five years.

About Irwin Berowitz

The Law Office of Irwin Berowitz specializes in providing legal services to immigrants. These services encompass a broad range of areas, from representation before the U.S. Citizenship & Immigration Services or the Immigration Court, to helping the immigrant obtain post-conviction relief. If you want to make sure that your case is properly handled from the very start, contact us immediately for a free in-person consultation so that you can tell us about your case privately and safely. At the time of the free consultation, we will let you know the likely outcome of your case, and what approach and strategy we would pursue to obtain a successful result for you. We will fight to give you peace of mind and to give your case the best possibility for success. To learn more about our practice, feel free to click on the links on this webpage or contact us by telephone or email. Remember, your first meeting with us in our office is free. All names on these posts have been changed to protect the identities of former clients. Any similarity to any one particular case or person(s) is purely coincidental.
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