Wins
Wins
The following outline provides some background
information on litigation where Brian Conry’s clients had a good result and
were granted a green card or had serious Measure 11 charges dismissed. The
appellate cases include cases where Brian represented the client before the
trial court and another attorney handled the appeal and where Brian handled
the appeal.
One important Board of Immigration
precedent decision is In re Hadi Eslamizar. In re Hadi
Eslamizar 23 I&N
Dec 684 (BIA
(2004) which was a win before the (BIA) Board of
Immigration Appeals. This appeal was handled by Brian and resulted in a
precedent decision by the BIA. The BIA found that a “violation” under
Oregon Law is not a conviction for immigration purposes. Since then,
Brian’s opinion is that this case may have helped hundreds or even
thousands of immigrants.
2008 Wins
A 20-year-old immigrant legal permanent
resident charged with the aggravated felony Sexual Abuse of a Minor
following conviction for Rape in the Third Degree and Sexual Abuse in the
Second Degree under Oregon law. The female involved with the consensual
statutory sex crime was under 16 at the time of the “crime.” The immigrant
successfully moved to set aside legal permanent resident status which was
obtained only due to a misrepresentation made to USCIS (United States
Citizenship and Immigration Service) when his adjustment of status from
undocumented to legal permanent resident was obtained. The misrepresentation
(failure to advise USCIS of the pending criminal charge and later of the
conviction) resulted in the immigration judge agreeing that he had been
unlawfully accorded legal permanent resident status. This
misrepresentation was forgiven through a 212(i) waiver. The underlying
convictions for statutorily based sex crimes were forgiven through a 212(h)
waiver because the young man’s deportation from the United States would
result in extreme hardship to his legal permanent resident mother and
father. The immigrant is now a green card holder and back at home with his
family. Court decision.
Measure 11 Wins
In two recent cases, this law firm
has successfully defended Measure 11 charges where immigrants were in
custody with immigration detainers on them. Each of these clients is now
free.
In one case, the client was charged
with unlawful sexual penetration, a charge that carries under Measure 11 a
mandatory minimum sentence of 100 months in prison. The resolution was a
plea to a non-deportable offense and a sentence of 179 days jail. We hope
and anticipate that this client may well be able to become a legal permanent
resident of the United States in the future.
This client referred his cellmate to
us. The cellmate was charged with several counts of Sexual Abuse. His former
attorney had recommended that he plea to a “plea offer” of 100 months
because he might do much worse if he were to go to trial and be convicted.
The opinion was that he would have little or no chance to win at jury trial.
The charges he faced were Measure 11 charges. After a thorough investigation
by a Spanish-speaking investigator and hard negotiations, this case was
dismissed.
Post Conviction Relief
(2008)
A new approach in the Supreme Court of the State
of Oregon.
In July 2007, the immigration court
granted a Motion to Reopen proceedings following the successful
post-conviction of an “aggravated felony” conviction on behalf of an
immigrant. Subsequently, the immigrant who had been a Legal Permanent
Resident was allowed to re-enter the United States in that Legal Permanent
Resident Status which had been rescinded before the Motion to Reopen was
restored. The immigrant had been deported out of the United States. At this
time, the immigrant is back in the United States and living in Oregon. This
was a particularly satisfying win as the post-conviction relief case was
filed more than two years after the judgment order but that claim was
allowed to proceed as an exception to the Oregon Statute of Limitations laws
for two years on post-conviction cases.
Also, many believed that one would be
unable to have an immigrant returned back to the United States after a
post-conviction relief case had vacated a prior conviction if the immigrant
had been deported from the United States. This proves that that line of
thinking was mistaken. See Wiedersperg v. INS, 896 F.2d 1179 (9th
Cir. 1990). The Ninth Circuit affirmed the continuing vitality of
Wiedersperg in Cardoso-Tlaseca
v. Gonzales, 460 F.3d 1102 (9th
Cir. 2006).
Board of Immigration Appeal
Hoguer
Montano-Diaz
(2006)
The Board of Immigration Appeals reversed deportation order and
terminated deportation proceeding. BIA representation by Mark Kinzler an
associate attorney with Brian Conry.
State of Oregon
State of Oregon v
Gonzalez-Galindo
(bad stop, conviction overturned) 146 Or.App. 291, 932 P.2d 118 (1997)
(marijuana grow, drugs suppressed, case dismissed) 159 Or.App. 34, 977
P.2d 1175 (1997)
State of Oregon v
Ordonez-Villaneuva
(inadmissible evidence allowed before jury, conviction reversed and case
remanded) 138 Or.App. 236, 908 P.2d 333 (1996)
Federal District Court Oregon
U.S. District Court (2008) USA v.
Aduka Order
on Motion to Dismiss. Federal habeas
win due to inadequate assistance on immigration consequences of federal
conviction.
USA v Jude Elebe
Aduka
Federal
habeas corpus (2005) win
(vacating federal felony conviction).
Federal Circuit Court of Appeals
Zheng v.
Ashcroft
89 Fed.
App. 76 (2004) (reversal of deportation order saving alien from likely
death at the hands of the snake heads, a human trafficking criminal
organization in China.
US vs. Vea-Gonzales
Collateral Attack
(reduced sentence) 986 F.2d 321 (1993) 986 F.2d 321 amended by 999 F.2d
1326 (1993)
US vs. Shell – Speedy Trial Win (dismissal) 961 F2d 138 (9th Cir. 1992), also
see 974 F.2d 1035 (9th Cir. 1992)
The following additionally lists
pleadings or decisions from deportation defense and Post Conviction Relief
cases handled by Brian Patrick Conry:
EOIR: IMMIGRATION COURT OF
OREGON
CANCELLATION OF REMOVAL WIN: On
March 8, 2002 Judge Bennett opinion "entered without inspection" Hispanic
female from Mexico allowed to remain in the United States after she was
discovered by the INS here "illegally". She is now
"legal" has green card, etc.
State of Oregon
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