Post Conviction Relief, Immigration, Criminal, Lawyer, Attorney, RI, MA

Post-Conviction Relief

Vacating criminal convictions or modifying sentences is a vital service our attorneys provide to clients facing severe immigration or federal sentencing consequences. The attorneys of The Law Office of John E. MacDonald, Inc. have argued to successfully vacate or modify cases throughout Rhode Island and Massachusetts. The Law Office of John E. MacDonald, Inc. is the law firm other immigration lawyers refer their clients to vacate pleas that are the basis of deportation and removal proceedings.

Post-Conviction Relief Attorney John E. MacDonald, Esquire is ready to give YOUR immigration or conviction case the attention it deserves. Please call 401-4211440 CONTACT US VIA EMAIL today for a FREE consultation.

Recent Results for Post-Conviction Relief

• August 2011: Client is a lawful permanent resident from Cape Verde.  He was placed in removal proceedings as a result of three separate crimes of domestic violence occurring ten years ago.  ICE authorities detained him without bond at the Bristol House of Correction.  Post-conviction relief was filed in all three cases and granted.  Client was released from detention and his removal case will now be terminated
  • Testimonial from client’s daughter:  “You saved my dad when we had no hope and for  that we are forever grateful.”  Maria C.
• August 2011: A client’s conviction for domestic assault in 2000 caught up with him 10 years later and placed him in removal proceedings in Florida. The client’s family had attempted to vacate the plea with another attorney but were unsuccessful. Attorney MacDonald was hired in April, 2011. A review of the plea colloquy showed that there were defects in violation of Rule 11 of the District Court Rules of Criminal Procedure. Post-conviction was filed in June, 2011 and granted in August, 2011. Client is now no longer subject to deportation and is now eligible to apply for citizenship.
  • Testimonial from client’s wife: “What for years other lawyers said would be a definite deportation, and even the one that dared to try couldn’t do, John Macdonald delivered! His personal touch and “can do” attitude ensured that my husband’s case be vacated in the Rhode Island courts even though we lived in Florida. He worked with us every step of the way and we are now more than ever sure that justice exists! John, you are the best, God put you in our path when hope was lost and you delivered, our family will be forever grateful as you have given us the opportunity to remain together! God Bless You!!” Lee F.
• A client’s 2001 conviction for felony assault recently placed her in removal proceedings. Since her sentence was two years suspended, the conviction constituted an aggravated felony under immigration law. Even though she had been trouble free for ten years, she was locked up at the Bristol County House of Correction. The family went to see several attorneys who told her that she would be deported. Attorney MacDonald was hired in July, 2011. Post-conviction was filed and granted within 3 weeks. Client is now released from detention and her removal case will be terminated.
• Client in removal proceedings based upon a 2005 conviction for a Rhode Island domestic assault. Client needed this plea vacated because he could not qualify for cancellation of removal. On May 12, 2011, both the plea and conviction were vacated based upon defects in the plea colloquy. On June 22, 2011, all criminal charges were dismissed by the City prosecutor at pre-trial and the client’s removal proceedings were terminated. Client is now eligible to pursue citizenship.
• Client is held for removal proceedings based upon two prior convictions for domestic assault. Both convictions vacated after post-conviction relief is granted. Client is released on bond and re-united with his family while a motion to terminate the case is pending.
• 2003 misdemeanor conviction for domestic assault vacated. Client is a lawful permanent resident from Portugal who would have been subject to deportation if the conviction remained in place. The grounds of the motion was failure to receive the proper alien warnings and the misdemeanor conviction vacated in Kent County Superior Court.
• 1988 conviction for felony larceny vacated. Client came to my office seeking my advice about his potential for obtaining U.S. citizenship. A review of his criminal history showed a conviction that subjected him to deportation. Post-conviction relief was filed and granted after a contested hearing in Providence Superior Court. Client is now no longer subject to deportation and is able to apply for naturalization.
• 1999 conviction for second degree child molestation vacated pursuant to the United States Supreme Court’s recent decision of Padilla v. Kentucky. Client was never advised by his attorney that his conviction constituted an aggravated felony charge under immigration law requiring automatic deportation from the United States. An application for post-conviction relief was filed in Providence Superior Court and granted based upon the requirement under Padilla for counsel to correctly advise their clients as to the adverse deportation consequences of any criminal conviction. Client is now eligible to re-open and terminate his deportation order.
• 2009 conviction for assault with a dangerous weapon vacated after a contested post-conviction relief hearing in Providence Superior Court. Client was never advised by his attorney that his conviction for assault with a dangerous weapon constituted an aggravated felony conviction under immigration law. After hearing, the trial court found that pursuant to the United State’s Supreme Court’s decision of Padilla v. Kentucky, the attorney had a duty to fully advise client about the certainty of deportation. Client is now eligible to re-open and terminate removal proceedings.
• 2004 conviction for possession of several kilograms of cocaine was vacated based upon the Unted States Supreme Court’s ruling in Padilla v. Kentucky. Client has received a lengthy suspended sentence in 2004 and remained trouble free but was recently arrested by ICE officials and placed into removal proceedings. Since the conviction constitutes an aggravated felony conviction under the INA, client was subject to automatic removal. Now that the conviction has been vacated, client may re-open and terminate removal proceedings.
• Client appeared at our office in April of 2010 concerned about her immigration situation.  She was ordered removed from the United States in 2000 by way of an in abstentia order.  The basis of removal was a drug trafficking conviction from Massachusetts.  Client had hired two other attorneys to vacate this conviction without success.  Client hires our services.  We retain Massachusetts counsel to vacate the plea.  Once vacated, we successfully moved to reopen the immigration case and terminate proceedings.  Client’s application for naturalization was granted in October of 2010.
• Client’s 1997 domestic assault conviction was not only preventing him from becoming a citizen, it was also subjecting him to certain deportation.  After reviewing his case, Attorney MacDonald recommended that we file post-conviction relief based upon his lawyer’s failure to warn him about the deportation consequences of his plea to domestic assault.  Post-conviction relief was granted, the plea vacated and the charge dismissed. 
• Client was interested in pursuing citizenship but a review of his criminal history showed an aggravated felony conviction for domestic assault in 1997. Post-conviction relief was filed and granted based upon the recent United States Supreme Court decision in Padilla v. Kentucky. Client's previous attorney had not advised him that he was pleading to an aggravated felony conviction. Client is now eligible to file for and obtain citizenship.
• Client was ready to apply to end his conditional resident status (via the I-751) and become a permanent resident when he realized that the domestic assault he pled to last year was an issue. After consulting with attorney John MacDonald, post-conviction relief was filed and granted. The plea was vacated and amended to a non-removable offense. Client is now able to successfully file the I-751 and terminate his conditional residence.
• Post conviction relief was granted in a 2006 matter involving the charge of receiving stolen goods.  The client had previously represented himself pro se and was not properly advised about his alien warnings.  Both the plea and sentence were vacated.  The charge was immediately dismissed.  Client is now eligible to file to re-open his prior Immigration Court order of removal
• A 15 year-old Massachusetts charge of assault by means of a dangerous weapon case dismissed in Taunton District Court.  Client never realized that he had been charged after a fight until a traffic stop 15 years later. We moved to dismiss for lack of prosecution but was denied. Post-conviction relief Attorney MacDonald then passed the matter to a jury trial and forced the prosecution to locate its witnesses. At trial, the Commonwealth was unable to proceed and the matter was dismissed
• Client arrested and charged in 2002 with a Domestic Assault in RI that would have jeopardized his immigration status and rendered him subject to removal (deportation) and unable to achieve naturalization. Based upon the failure of the trial court to give him warning of this fact Immigration Attorney MacDonald was able to have the charge vacated.
• Client plead guilty to Domestic Assault charge in 1997 not knowing this would lead to grounds for removal or deportation from the United States. Citing the United States Supreme Court’s recent decision of Padilla v. Kentucky Attorney MacDonald had the plea to domestic assault vacated in Providence Superior Court, and then re-opened and terminated the immigration case, stopping the deportation of client. State filed appeal to verdict. State of Rhode Island since withdrew its appeal rendering the termination of immigration case complete and the removal of client stopped.
• Client a lawful permanent resident of the US detained by immigration authorities in Arizona due to previous criminal record. 2002 drug conviction vacated today based upon an application for post-conviction relief and client released from custody.
• A decorated army veteran was denied citizenship based upon an aggravated felony conviction from 1998 (possession with intent to deliver marijuana).  Post-conviction relief was filed and the plea and sentence were vacated.  Client is now eligible to re-apply for citizenship.

MORE RESULTS

Post-Conviction Relief Attorney John E. MacDonald, Esquire is ready to give YOUR immigration or conviction case the attention it deserves. Please call 401-4211440 CONTACT US VIA EMAIL today for a FREE consultation.

If you are an alien who is seeking to naturalize, adjust your status, has overstayed, has a criminal conviction, is in B.C.I.S. removal/deportation or criminal court proceedings, then you should retain an attorney who is competent to practice in both the criminal and immigration courts. We focus on making immigration concerns a primary strategic focus in connected criminal or domestic relations matters, and have successfully disposed of cases where a simple guilty plea would have led to deportation proceedings.

We can also assist in cases where clients did not have adequate prior counsel and we have argued numerous post conviction motions and prevented removal proceedings for the benefit of our clients and their families. Withholding of removal and cancellation of removal for our clients is our goal and we aggressively and successfully have achieved these results for our clients.

If you or a family member or friend requires post-conviction relief representation to stay in the U.S., contact us today to schedule your free consultation.

The Law Firm of John E. MacDonald, Esquire is ready to give YOUR immigration or conviction case the attention it deserves. Please CONTACT US today for a FREE consultation.