Client: Lawful Permanent Resident
Client’s Country of Origin: Panama
Case Type: Criminal and Removal
Date of Application: August 2010
Date of Approval: February 2019
Our client retained Attorney Frank Krajenke of Herman Legal Group after sitting with a criminal conviction for three years. Our client left Panama and came to the US as a child with lawful permanent resident status. In 2010, he pled guilty to low-level charges arising from a domestic violence issue and was sentenced to complete probation. Nearly three years later, our client fulfilled the court orders but did not anticipate the removal consequences that followed.
Our client consulted with Attorney Krajenke, informing him that he was not advised of immigration consequences that would result from the plea. In addition, our client stated that no interpreter was present at the hearing, he was never told by former counsel that he would be deported and stated he would not have pled otherwise.
In 2013, Herman Legal Group counsel filed a motion to vacate the plea on constitutional grounds of failure of former counsel to advise of immigration consequences. Years had passed, and the opposing counsel sought to dismiss based on the passage of time.
In February 2019, Attorney Krajenke appeared in court and found out that the motion had been denied; however, after spending time speaking to the judge, the judge became receptive to our client’s argument and reversed her initial decision to deny the motion, permitting our counsel to withdraw plea. Furthermore, our client pled to an amended low-level charge without grounds for removal.
While this case required time and patience, the outcome is substantially successful for our client. Not only is it critical to retain an immigration lawyer, but it is also key for lawyers to analyze the courtroom and judge in order to grasp what may be most favorable for their client.