Recent Victories for Trupiano Law in Obtaining Immigration Bond

Salt Lake area law firm, practicing in immigration and criminal-juvenile defense

If you are looking for a criminal defense and/or immigration defense lawyer for yourself or a loved one, you want positive results. We agree in that objective and aggressively pursue the best possible results for our clients.

Below is a list, which is not all inclusive, of representative cases involving clients who were released on immigration bond despite the fact they had a criminal record.

Trupiano Law Obtains Immigration Bond in Removal Proceedings Even Though Client had Criminal Conviction

Matter of A. K. -
Mr. K is a citizen of Poland who had been residing in Canada as a legal permanent resident. He was caught by Taylorsville police and was arrested for shoplifting approximately $900 worth of merchandise from a store in Utah. ICE interviewed him while at the Salt Lake Metro Jail. Trupiano Law represented Mr. K for the criminal matter and ensured that Ms. K made no incriminating statements so that charges were subsequently never filed. Trupiano Law obtained a reasonable immigration bond for Mr. K and began to prepare his request for relief against removal.

Matter of J.V. -
Mr. V was convicted in Wyoming of domestic violence. Trupiano Law successfully argued for his release on bond by briefing that the language of the Wyoming statute does not rise to the level of the federal equivalent of crimes of violence and crimes of moral turpitude.

Matter of H. G. -
Mr. G is a citizen of Mexico. He was convicted in Utah of domestic violence. Trupiano Law successfully argued for his release on bond by briefing that the language of the Utah State statute does not rise to the level of the federal equivalent of crimes of violence and crimes of moral turpitude, thus, he is not subject to mandatory detention.

Matter of A. E. -
Synopsis: Trupiano Law demonstrated that Mr. E’s Utah state convictions for violation of a protective order were not deportable offenses under INA § 237(a)(2)(E)(ii) or crime of moral turpitude and thus that he was eligible for relief against removal and eligible for bond. That is, Trupiano Law successfully argued that Mr. E’s convictions were not restrictive convictions for purposes of eligibility for cancellation of removal under INA § 240A(b), not crime of moral turpitude for purposes of mandatory detention under INA § 236(c), and not acts or threats of violence for purposes of INA § 236(a).

Mr. E. is a citizen of Mexico. He was convicted in Utah of three counts of violation of a protective order in violation of Utah Code Ann. § 76-5-108. The DHS attorney argued that he was ineligible for bond under INA 236(c) where the conviction was a crime involving moral turpitude and the violation of protective order made him ineligible for cancellation of removal. Trupiano law successfully argued for his release by producing the plea agreements to the Utah State protective order violation cases and showing that Mr. E’s convictions did not rise to the level of the federal immigration law version. That is, Mr. E’s sole convictions of violation of (an ex parte) protective order under Utah statute did not include facts in the record of a conviction for violating the parts of the protective order that protected against violence or threats of violence as required under immigration law. See INA § 237(a)(2)(E)(ii); 8 U.S.C. § 1227(a)(2)(E)(ii). That is, Trupiano Law demonstrated that Mr. E’s Utah state convictions for violation of a protective order were not deportable offenses under INA § 237(a)(2)(E)(ii). Thus, Mr. E was statutorily eligible for cancellation of removal under INA §240A(b); 8 U.S.C. §1229a(b). This grounds for adjustment to lawful permanent resident and cancellation of removal requires the following conditions to be fulfilled:

1. Have ten (10) years continuance presence prior to being placed in removal proceedings;
2. Be a person of good moral character under a balancing of the equities standard and in comportment with INA §101(f)(3);
3. Have no convictions under INA §212(a), 237(a)(2) or 237(a)(3) [Failure to register and falsification of documents] or be eligible for an applicable waiver; and
4. Establish that removal of alien would result in exceptional and extremely unusual hardship to alien’s spouse, parent, or child, who is a United States Citizen (“USC”) or Lawful Permanent Resident (“LPR”).

Matter of R. O. -
Mr. O is a native and citizen of Mexico. Mr. O had a conviction for a DUI a year before and had pled guilty to aggravated sexual assault. Immigration Bond was granted where Trupiano Law successfully argued that Mr. O. did not have any restricted “convictions” since he had only pled guilty to aggravated assault in a Utah criminal court. Mr. O had not yet been sentenced. Although the immigration judge denied bail the first request this was on the sole grounds he found Mr. O. dangerous. Trupiano Law then obtained withdrawal of pleas of guilt in criminal court to aggravated domestic violence assault, 3d Felony, to two counts of aggravated assault, Class A misdemeanor. (The pleas had been entered previously with a public defender, before Trupiano Law was hired.) Withdrawal of the pleas created new circumstances to warrant reconsideration of bond, and an immigration bond was finally granted.

Matter of Y. P. -
Ms. P is a native and citizen of Vietnam. She was convicted of marriage fraud in federal court, which can be considered a crime involving moral turpitude, a restricted conviction under INA § 236(c). Trupiano Law obtained bond and grant to pursue asylum where Ms. P despite her restrictive conviction of marriage fraud. Trupiano Law successfully argued that Ms. P is not subject to mandatory detention under INA § 236(c) where she was only sentenced to probation and thus was never “released.”

Matter of R. S. -
Mr. S was arrested on six counts of Unlawful sexual activity with a minor, in violation of Utah Code Ann. § 76-5-401. Trupiano Law convinced the ICE officer, with a bond motion and evidentiary exhibits, that Mr. S was not subject to mandatory detention and was not a danger. ICE released Mr. S on a $5,000 bond.