Liberian immigrant secures remand in Third Circuit seeking cancellation of removal order

Client(s) Liberian immigrant

Jones Day briefed and secured a remand in a pro bono appeal to the Third Circuit on behalf of a Liberian immigrant seeking reversal of the denial of cancellation of removal proceedings. Our client resided in the United States for almost 20 years before being arrested for a minor drug possession violation and then subjected to removal proceedings. The immigration judge ordered removal, and found that the underlying state criminal charge was an aggravated felony, therefore also denying the opportunity for consideration of cancellation of removal. The Board of Immigration Appeals affirmed. Jones Day argued that the Board erred in affirming the classification of the underlying violation an aggravated felony. Prior to the argument, the Third Circuit ruled on a substantially similar case involving the same underlying criminal statute, and as a result of that decision, the government agreed to remand the case to the Board to consider the new Third Circuit precedent.