Margolis Law successfully vacates conviction in Monroe County, Agrees to Plea to Non Deportable Offense, Preserving Client’s Eligibility for Deferred Action Program
by Timothy Cretsinger on March 16, 2016
We successfully moved to overturn a young Mexican National’s impaired driving conviction in Monroe County. The conviction led to client’s DACA being revoked, and his being taken into ICE custody and held without bond, pending a deportation proceeding. Any drunk driving conviction is considered a “significant misdemeanor,” making the client ineligible for the discretionary relief granted under the Deferred Action for Childhood Arrivals Act (or DACA). After withdrawing the plea, we were able to convince the prosecutor to offer a plea to a non-deportable offense, reckless driving, and thus preserving the client’s DACA eligibility and freedom from arrest by ICE for this incident.