Mr. Martinez was working at a super market in ip town NYC as a grocery clerk making minimum wage to support his family . His employer would often refuse to honor his payment and often insult him . So one day Mr. Martinez became very upset and decided to set fire to the market and so he did . He was charged with Reckless endorsement I first degree . His counsel advised him at the time to accept plea deal with NO jail time in lieu of going to trial . Mr. Martinez accepted the deal . Subsequently , U. S Immigration authorities placed Mr. Martinez in Removal Proceedings because he was an LPR ( green card holder ) Mr. Martinez Immigration counsel at the time requested Cancellation of Removal / 212 C Waiver. Unfortunately, he is NOT eligible for such discretionary relief due to the fact that his conviction constituted an aggravated felony under immigration laws and makes him 100 % deportable . As such he was orders removed by immigration Judge . He filed appeal with board of immigration appeals and unfortunately was denied thus he had final order of removal . He was detained by Immigration Authorities and was about to be removed to Dominican Republic . He retained counsel at the time who filed Writ of Habeas Corpus in federal court and was successful in getting Mr. Martinez released on bond.

Mr. Martinez filed an appeal to Second Court Of Appeals . Second Court Of Appeals denied the appeal for lack of jurisdiction.

Mr Martinez Counsel advised Mr . Martinez that nothing can be done for him any more he needs to depart USA beck yo Dominican Republic.

Mr. Martinez was raised in nyc along with his family including his wife and children who are all US citizens . His removal would have debated and shattered their lives . Mr. Martinez consulted Mr. Davar Yusufi.

Mr. Yusufi examined the record and along with his team of researchers filed a motion to reopen Mr. Martinez Case under Vartelas V Holder (US Supreme Court Case).

Mr. Davar Yusufi made the argument that Mr. Martinez conviction is eligible for a 212 C waiver of inadmisibality . After Briefing the Board Of Immigration Appeals agreed with Mr. Davar Yusufi and matter was remanded to immigration Judge in federal plaza NYC.

At the first master Calendar in NYC presiding Immigration Judge terminated proceedings without Trial meaning that Nr. Martinez was NO longer removable and his LPR status (green card) was reinstated.