Attorney Brian Conry's Legal Cases

Criminal defense

Vancouver Wa post conviction

Dec 07, 2015

OUTCOME: Dismissal

A 2015 Washington Personal Restraint Petition victory which began with a shrill protest from former criminal defense counsel of "how could you file a [Post-Conviction Relief] petition against me?" A se ... lf-righteous, criminal defense counsel bar filed a complaint against me for demanding a copy of her file, assuring me that she had performed "perfectly". Furthermore, she falsely accused me of preying on poor immigrants who are desperate for help. After I filed a bar complaint against former defense counsel, WSBA then ordered that she produce the file some months after the file had originally been requested. Review of the file proved that former counsel had obtained immigration advice as to the consequences of a theft conviction, but had not obtained advice as to the immigration consequences of a welfare fraud conviction. Former counsel had obtained the immigration advice from an immigration firm which had not reviewed the court documents but had simply answered the questions of counsel, namely, "what are the immigration consequences of a theft conviction?" among other questions. Client had been convicted of welfare fraud, not theft, and as a consequence had been ordered deported. Prosecutor than exercised his discretion and dismissed all charges against the defendant.

Immigration

naturalizations

Nov 12, 2015

OUTCOME: legal permanent resident became US citizens

of client who was immigrant, had felony criminal conviction for delivery of methamphetamine Post conviction relief granted Criminal case than successfully resolved so result was not a deportable co ... nviction

Appeals

United States vs Rodriguez-Vega (English & Spanish)

Jul 07, 2015

OUTCOME:

Elizabeth Rodriguez-Vega appeals the magistrate judge’s denial of her 28 U.S.C. § 2255 petition to vacate her conviction of misdemeanor Attempted Transportation of Illegal Aliens in violation of 8 U.S. ... C. § 1324(a)(2)(A). She asserts that she was deprived of effective assistance of counsel because her attorney failed to advise her that her plea agreement rendered her removal a virtual certainty, and that the court erred in dismissing her petition without holding an evidentiary hearing. We hold that the district court did not abuse its discretion in failing to conduct an evidentiary hearing, but that it did err in failing to hold that under the controlling law Rodriguez-Vega’s counsel’s assistance was ineffective. Accordingly, we order the conviction vacated. Elizabeth Rodríguez-Vega apela a la negativa del juez magistrado por su petición 28 U.S.C. § 2255 para anular su condena por un delito menor de Intento de Transporte de Extranjeros Ilegales en violación del 8 U.S.C. § 1324(a)(2 (A). Afirma que se le privó de la asistencia efectiva de un abogado porque su abogado no le aconsejó adecuadamente que su declaración de culpabilidad hacía que su deportación fuera remotamente cierta, y que el tribunal se equivocó al desestimar su petición sin llevar a cabo una audiencia probatoria. Sostenemos que el tribunal de distrito no abusó de su discreción al no realizar una audiencia probatoria, pero que erró al no considerar que bajo la ley de control, la asistencia del abogado de Rodríguez-Vega fue ineficaz. En consecuencia, ordenamos que se anule la condena.

Immigration

Legal Permanent Resident granted PCR

Aug 14, 2013

OUTCOME: PCR granted

Client (LPR who arrived in the US at the age of 3) had his PCR (Post-Conviction Relief) case granted in 2013 after he was sentenced to over a year in custody on a burglary conviction. The one year sent ... ence made the burglary an aggravated felony under the immigration law and meant that this young man was required by the immigration laws to be deported forever. Now, of course, he was not told that would happen when he entered his plea to the burglary charge, but only that it was possible that he would be deported. The crime had been committed when he was 16 but it was prosecuted in adult court. Client was also charged with a robbery in the first degree which carries a 90 month mandatory minimum and the plea "bargain" was for 36 months with a "second look". Client was released from juvenile custody after 21 months on the "second look" and placed on supervision but then immigration arrested him and detained him for a year in Tacoma. He was released from immigration custody after the PCR case was granted because criminal defense counsel had not advised that deportation was “virtually certain” based on his burglary conviction with a sentence of a year or more (an aggravated felony under immigration law), despite apparently too brief of a consultation with an immigration lawyer. The state did not appeal from the Post-Conviction Relief grant. After the PCR grant, client was again facing 90 months if he was convicted of the robbery charge. When you win a Post-Conviction Relief case, the prosecutor brings the original charges over again. This time, the client pled to three crimes of moral turpitude and zero aggravated felonies. He received credit for time served on the original flawed conviction. He served no additional jail time. The three new convictions are a part of the "same scheme" and will count as one conviction for immigration purposes. Client has more than 5 years as an LPR so he is not deportable. He is free on probation with the opportunity to live in USA for the rest of his life.

Brian Conry's Legal Cases (14)

Vancouver Wa post conviction

naturalizations

United States vs Rodriguez-Vega (English & Spanish)

Legal Permanent Resident granted PCR