Matter of Thomas C.
Apr 14, 2008OUTCOME: Application for Relief Granted
In another recent and very difficult defense case in the San Francisco Immigration Court, the Immigration Judge (IJ) granted client’s application for cancellation of removal. Client is a Canadian cit ... izen with a U.S. citizen spouse and two U.S. children. In this defense, Mr. Eckdish provided his legal services as both an immigration and criminal defense attorney. The client (respondent) had numerous criminal misdemeanor convictions involving moral turpitude, including several simple marijuana drug possessions, multiple petty thefts, a commercial burglary, and a domestic violence conviction. Attorney Eckdish obtained post conviction relief in the California Superior Courts for four (4) of the most serious offenses (the DV, burglary and two of the theft offenses.) These vacated and modified convictions could no longer be used as a basis for client’s deportation or removal. Mr. Eckdish then retained the services of a licensed forensic psychologist who provided a credible explanation for the client’s past criminal behavior. In addition, the client began counseling for a one year period prior to the removal (individual hearing). The IJ, after hearing all of the psychological testimonial evidence presented by Mr. Eckdish at the hearing, granted client’s application for cancellation of removal finding that the client’s criminal history was excused due to the extraordinary conditions that surrounded client at the time of the commission of these offenses approximately 10 years earlier. In granting relief to client allowing him to remain in the U.S. as a permanent resident, the IJ also found that there was substantial evidence presented by Mr. Eckdish at the hearing demonstrating extreme hardship to qualifying relatives should respondent have been deported and that client had been sufficiently rehabilitated so that it was unlikely he would re-offend.
