Ms. De La Cruz migrated to Brooklyn NY to live the American Dream . Shortly after arrival she was approached by a man who asked her if she wants to work in a market in Brooklyn , NY in consideration for a good payment and her employer may sponsor her for employment based green card . Ms. Cruz was very excited she discovered such a great opportunity and of course she accepted the offer . She began to work at the market and shortly realized that besides groceries the market was involved in distribution of drugs / narcotics . She was confused and helpless . She spoke to her employer that she was NOT comfortable working in the market . Her employer did not say any thing remained silent . The next day two men approached her informing her that she must continue working in the market or her and her family in Dominican Republic will be harmed . She did not know what do and as such went back to the market . Shortly , the market was raided by the New York State law enforcement and she was arrested and charged with drug distribution. She was represented by counsel who advised her to tell the truth and in consideration she will not be sentenced to prison . Pursuant to Ill advise of her previous counsel she accepted a plea of guilty and she was convicted of drug distribution. She was NOT advised by her counsel that a plea of guilty to the instant charges will result in her facing negative immigration consequences including deportation .

Based on the plea deal she also had to cooperate with law enforcement to testify against co defendants .

Subsequently , after she was sentenced and convicted of Criminal Sale Of Controlled Substance two men approached her and shot her several times. Luckily , she was taken to emergency room in near hospital after several surgeries she survived .

She consulted several lawyers who advised her that due to her conviction involving drug distribution an aggravated felony she can not stay in USA and get a green card .

Many years later , she was referred to Mr. Davar Yusufi by a family friend . Upon examining the record Mr. Davar Yusufi determined that since her conviction was prior to Padilla ineffective assistance of counsel claim for failing to advise her of adverse immigration consequences will not likely be successful . As such Mr. Davar Yusufi filed a 440 motion to vacate / reopen her criminal conviction pursuant to ineffective assistance of counsel for “Actual Innocence “ claim . In kings county Criminal Court NY. Mr. Davar Yusufi position was that she is actually innocent and her previous counsel failed to investigate the facts and in Lieu of taking the case to trial accepted a bad Plea Offer .

After months of negotiation / litigation the Kings county Prosecutors Agreed to have the judge vacate the previous conviction of distribution of Controlled Substance an aggravated felony and reduce it to a possession only ( a misdemeanor) .

As such Ms De La Cruz was resentenced by the criminal judge and was convicted of only a misdemeanor. Her new conviction for immigration purpose under Harbin V sessions renders her eligible for cancellation of removal and an actual path to green card / citizenship in USA .