Mr. Martinez was working at a supermarket in Uptown NYC as a grocery clerk, earning minimum wage to support his family. His employer would often refuse to pay him properly and would insult him. One day, Mr. Martinez became extremely upset and decided to set fire to the market—and he did. He was charged with reckless endangerment in the first degree.

At the time, his counsel advised him to accept a plea deal with no jail time instead of going to trial. Mr. Martinez accepted the deal.

Subsequently, U.S. immigration authorities placed Mr. Martinez in removal proceedings because he was a lawful permanent resident (green card holder). His immigration counsel requested cancellation of removal and a § 212(c) waiver. Unfortunately, he was not eligible for such discretionary relief because his conviction constituted an aggravated felony under immigration law, making him 100% deportable.

As a result, he was ordered removed by an immigration judge. He filed an appeal with the Board of Immigration Appeals, but it was denied, leaving him with a final order of removal. Mr. Martinez was detained by immigration authorities and was about to be removed to the Dominican Republic. His then-counsel filed a writ of habeas corpus in federal court and succeeded in getting him released on bond.

Mr. Martinez filed an appeal to the U.S. Court of Appeals for the Second Circuit, but the court denied the appeal for lack of jurisdiction. His counsel then advised him that nothing more could be done and that he needed to depart the United States and return to the Dominican Republic.

Mr. Martinez had been raised in NYC alongside his family, including his wife and children, all of whom are U.S. citizens. His removal would have devastated and shattered their lives.

Mr. Martinez then consulted attorney Davar Yusufi. After examining the record, Mr. Yusufi and his team of researchers filed a motion to reopen Mr. Martinez’s case under Vartelas v. Holder (U.S. Supreme Court). Mr. Yusufi argued that Mr. Martinez’s conviction was eligible for a § 212(c) waiver of inadmissibility.

After briefing, the Board of Immigration Appeals agreed with Mr. Yusufi’s arguments and remanded the matter to the immigration judge at the Federal Plaza Immigration Court in NYC.

At the first master calendar hearing, the presiding immigration judge terminated proceedings without trial, meaning Mr. Martinez was no longer removable and his lawful permanent resident status (green card) was reinstated.