Prior Cases Statement
Below is a description of some of the cases that the attorneys at Cohen Forman Barone, LLP have successfully handled concerning non-citizens impacted by their contact with the criminal justice system. The names and dates of events have been changed to protect the identities of the clients.
Juan Carlos had been living in the United States as a green card holder for the past ten years. His world was rocked when he was arrested for allegedly burglarizing his ex wife’s apartment. The judge set an excessive bail, which Juan Carlos’s family could not afford. The District Attorney’s Office was offering to dismiss the burglary charge, which carried a minimum sentence of three and a half years in state prison. In exchange Juan Carlos would have had to pled guilty to attempted burglary and be sentenced to five years of probation. He rejected the offer because a guilty plea would have resulted in his deportation from the United States. After a ten-day trial a jury acquitted Juan Carlos of the charges. He was released from criminal custody and is still living lawfully in the United States.
Nazir has been living in the United States as a green card holder since he was brought here as a child. While waiting in traffic court to pay a fine, Immigration Customs and Enforcement, (“ICE”), agents arrested him because of two old drug convictions. Nazir was brought to a detention facility where he was held without bond. The government served him with papers, seeking to have him deported back to his home country. Cohen Forman Barone, LLP represented Nazir throughout all phases of his immigration court proceeding and were successful in winning his claim for Cancellation of Removal. Nazir is back home with his family and grateful to have a second chance in this country.
Angel has been living in the United States without any lawful status for the past fifteen years. He was recently arrested for allegedly assaulting a coworker. While the criminal court judge set a reasonable bail that Angel could afford, ICE had prevented his release by issuing a detainer because he was here unlawfully. Angel’s family hired Cohen Forman Barone, LLP who helped get the detainer lifted and had Angel’s case scheduled in immigration court for a bond proceeding. Despite the government’s objection, Cohen Forman Barone, LLP, persuaded the immigration judge to set a reasonable bond. Angel posted the bond and is now able to fight his case while at liberty.
Sara visited the United States on a tourist visa in the early 2000’s. She overstayed her visa and went on to live in the country for the next four years. While here, she was arrested on a simple possession drug offense. Soon after that she married Max, a United States citizen and life long resident of New York. The couple decided to move to Sara’s home country for a few years. While there they had a son, who they wanted to raise in the United States, thinking all Max had to do was sponsor Sara for a green card. Unbeknownst to either of them, Sara was barred from entering the United States for ten years because she had previously overstayed her visa; she was also barred for life because of her drug case. After Sara’s green card application was denied, the couple hired Cohen Forman Barone, LLP who went back to the criminal court to clear up Sara’s drug case and helped secure a waiver from United States Citizenship and Immigration Services, (“USCIS”), for her unlawful presence in the United States. Sara, Max, and their young son Larry are now back in the United States, where Sara is a proud green card holder and looks forward to one day gaining her citizenship.
Victor had been living in the United States as a green card holder for the past ten years. He was arrested on charges that constituted an aggravated felony under the immigration law and if convicted would have faced mandatory deportation from the United States. Because of their experience in immigration and criminal law he hired Cohen Forman Barone, LLP. Victor did not want to risk going to trial, but could not imagine being forced to leave the United States. In the end the attorneys at Cohen Forman Barone, LLP were able to negotiate a deal with the District Attorney’s Office that kept Victor out of jail and also preserved his ability to keep his green card and remain lawfully in the United States.