Attorney Rachel S Ullman's Legal Cases

Immigration

Firearm conviction - Released from mandatory detention

Oct 30, 2013

OUTCOME: bond granted despite firearm conviction

Client had a handgun conviction and was being held without bond by Immigration and Customs Enforcement. At an immigration court bond hearing, I argued that after the client had been released on bond f ... rom the criminal matter, the prosecutor amended the original handgun charge to a different handgun charge. As the client had never been detained and released from detention on the new charge, the conviction on the new charge should not result in mandatory detention. The Immigration Judge agreed. Bond was set and the client was released that day.

Immigration

Removal Proceedings - Fraud by Notario

Aug 06, 2013

OUTCOME: Green card granted

Client hired immigration notario who said that he could assist with a change of status. Unbeknownst to client, the notario created false documents in support of the change of status application. When ... client later applied for a green based on employment, the USCIS denied the green card due to the fraudulent change of status application. In Immigration Court, the Immigration Judge determined that the fraud was not on the part of the client. The Immigration Judge granted my client's application for legal permanent resident status.

Immigration

Removal Proceedings - Burglary

Jul 29, 2013

OUTCOME: Client retained green card

Legal permanent resident client, who had been found guilty of burglary, was granted relief under INA section 212(c) by the Immigration Judge. The Board of Immigration Appeals reversed, finding that th ... e Supreme Court in St. Cyr required that the client had relied upon the existence of 212(c) relief at the time of the criminal trial. As my client had not plead guilty to the burglary, the Board determined that he had not detrimentally relied upon 212(c) relief. Therefore, Congress's elimination of such relief prior to the time of his immigration court hearing was not impermissibly retroactively. Almost ten years later the Supreme Court decided Vartelas, in which it stated that it has never required detrimental reliance in order to find a new law retroactively impermissible. After reading Vartelas I filed a motion to have the Board reopen the case and return it to Immigration Court. Upon return to Immigration Court, the Immigration Judge again granted 212(c) relief, which gave my client back his legal permanent resident status.

Immigration

Removal Proceedings - 2nd degree assault

N/A

OUTCOME: Proceedings terminated - client retained green card

Legal permanent resident client was convicted of 2nd degree assault in Maryland, and given a sentence of 2 years. Client was detained by ICE and placed in mandatory detention as an aggravated felon. ... I obtained the plea transcript from the criminal hearing which showed that my client did not engage in violent behavior. The Immigration Judge terminated removal proceedings and my client kept his permanent resident status.

Immigration

Naturalization - Drug Distribution Conviction

N/A

OUTCOME: Naturalization granted

Legal permanent resident client with conviction for drug distribution applied to naturalize. USCIS Baltimore approved the naturalization application because the conviction was before November 29, 1990 ... .

Immigration

Special Immigrant Juvenile Status

N/A

OUTCOME: Green card granted

Child from Central America attempted to enter the United States with a United States citizen's birth certificate. He was placed in removal proceedings. Because the child tried to enter the United Sta ... tes without a parent, and it was not in his best interest to return him to his home country, he qualified for Special Immigrant Juvenile Status.

Rachel S Ullman's Legal Cases (6)

Firearm conviction - Released from mandatory detention

Removal Proceedings - Fraud by Notario

Removal Proceedings - Burglary

Removal Proceedings - 2nd degree assault

Naturalization - Drug Distribution Conviction

Special Immigrant Juvenile Status