Attorney Matthew Lawrence Guadagno's Legal Cases

Immigration

Samuels v. Chertoff, 550 F.3d 252 (2d Cir. 2008)

N/A

OUTCOME: Mr. Samuels case was remanded to the Immigration Court.

Mr. Samuels applied for a green card with a waiver of his criminal history. Mr. Samuels’ case was initially denied because the Board of Immigration Appeals concluded that the regulations required him ... to show “exceptional and extremely unusual hardship” to his family. I won Mr. Samuels a new hearing before an immigration judge because the regulations permit other factors besides hardship to be considered, which were not considered by the Board.

Immigration

Garcia-Padron v. Holder, 558 F.3d 196 (2d Cir. 2009)

N/A

OUTCOME: Mr. Garcia-Padron's case was remanded to the Immigration Court.

Mr. Garcia’s application was found to be ineligible for a waiver pursuant to INA § 212(c) by both an immigration judge and the Board of Immigration Appeals. A waiver pursuant to INA § 212(c) will per ... mit a lawful permanent resident who has been convicted of certain crimes to remain in the United States. In 1996, a law was passed called the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) that placed limitations on 212(c) relief. Mr. Garcia-Padron was convicted of offenses both before and after AEDPA was enacted. I won Mr. Garcia-Padron a hearing before an immigration judge were he was permitted to apply for 212(c) relief because he was placed in deportation proceedings before AEDPA was enacted. Since he was in deportation proceedings before the enactment of AEDPA, the limitations of AEDPA on 212(c) relief did not apply to him.

Matthew Lawrence Guadagno's Legal Cases (12)

Samuels v. Chertoff, 550 F.3d 252 (2d Cir. 2008)

Garcia-Padron v. Holder, 558 F.3d 196 (2d Cir. 2009)