Mr. Rodriguez along with his friends and brother were socializing in high school cafeteria . Several gang members approached him and threatened to brutally harm them if they do not obey their orders . Mr. Rodriguez along with his friends and brother disregarded gang members and walked away . Several days later outside school the Gang members attacked Mr. Rodriguez , his brother , and a friend . They were outnumbered by the gang members . Mr. Rodriguez brother was on the floor being brutally attacked by the gang . As one gang member pulled out a knife Mr. Rodriguez’s friend retaliated by handing Mr. Rodriguez a knife to prevent possibility of his brother being stabbed by the gang member . As a matter of self defense and third party defense Mr . Rodriguez stabbed one gang member and seriously wounded him. As such he was charged with aggravated assault in the first degree and possession of weapon . His counsel at the time decided to go to Trial on grounds of self defense . The jury rendered a guilty verdict and Mr. Rodriguez was sentenced to 5 years in prison. His counsel at the sentencing requested the criminal judge to sentence him as a Youthful Offended which for immigration purposes renders him NON Deportable. The criminal judge rejected the request and Mr, Rodriguez was sentenced as an adult.

After Mr. Rodriguez served 5 years in prison he was detained by immigration authorities and placed in removal proceedings due to his conviction which constitutes an aggravated felony for immigration Purposes 100 % deportable . Mr. Davar Yusufi was retained . Examining the record of proceedings since the case went to trial it was unlikely for the criminal case to be vacated reopened . Most lawyers will advise that nothing can be done . He will be deported 100 %. Mr. Davar Yusufi with the assistance of his associates discovered that although his previous counsel requested the court at sentencing to sentence him as a Youthful offender he ( previous counsel ) never brought up the issue of Mr. Rodriguez mental illness Bipolar Disorder ) as a mitigating factor . Additionally , subsequent to Mr. Rodriguez ‘s arrest there was a new law passed in NYS the executive bill that allows defendants who were sentenced as an adult if they were arrested under age of 18 to be resentenced as a YO .

However , under the executive bill resentencing of a defendant as a YO for immigration purposes renders defendant for discretionary relief of cancellation of removal or complete denial of cancelling deportation by the immigration judge due to the fact that subsequent resentencing is considered a collateral attack / relief . The key factor in resentencing the defendant as a Youthful offender is to have the criminal judge resentence him as an Original YO NOT under executive bill .

As such in the criminal briefing in NY county criminal court after a year of l negotiations / litigation Mr . Davar Yusufi position was that due to Mr. Rodriguez mental condition he should have been adjudicated as a Youthful Offender at trial level.

While the criminal case was Pending the immigration Judge at Varick street ordered Mr. Rodriguez removed on grounds that the pending criminal case was just a collateral attack NOT considered immigration relief from deportation . Mr. Davar Yusufi filed an appeal with the board of immigration appeals and the board agreed wirh immigration judge . While Mr. Rodriguez had final order of deportation the NY county prosecutor office agreed to have Mr. Rodriguez resentenced as a Youthful offender and the presiding criminal judge resentenced Mr. Rodriguez as a Youthful offender on grounds of his mental condition being considered a mitigation factor and the judge read in his decision exactly what Davar Yusufi argument was in briefing that Mr. Rodriguez acted out of impulse NOT intentionally to cause harm.

Thus, Mr. Rodriguez’s criminal Conviction was vacated and a new order entered. He was fully acquitted of all charges on all counts and the case is sealed ( No Criminal Act / Criminal Culpability on part of Mr. Rodriguez ) Full Acquittal

At the end Mr.  Rodriguez was Acquitted Of All Charges and the case is Sealed .