DHS v. Client

N/A

OUTCOME: The Court agreed with my argument and DHS withdrew the Administrative Order

My client was ordered Administratively removed by DHS because they classified him an Aggravated Felon. He was an undocumented non citizen who served 14 months in jail 7 of those months was in pretrial ... detention. ICE argued that the 14 months incarceration triggered Aggravated Felon because he served more than 365 days in jail. I argued that the statute requires that time spend in jail must be ordered by a judicial officer to trigger the classification of Aggravated Felon. The judge agreed with my argument and my client was allowed to proceed with his Adjustment of Status filing,