The client was already ordered removed based upon a Rhode Island conviction for felony assault when he hired the services of John MacDonald. His prior attorney made no effort to vacate this conviction which constituted an aggravated felony under federal immigration law.
A petition for post-conviction relief was filed and granted by a Providence Superior Court judge four weeks later. A motion to say deportation was granted and the case was remanded to the Boston Immigration Court. The client was released after nearly nine months of custody. Conviction vacated successfully.