Saluja Law receives PCR on behalf of Foreign National Client now Eligible for a Green Card
April 2024
On April 2, 2024, A West Virginia Circuit Court has rendered a favorable decision on behalf of Saluja Law's Client[1], a foreign national who was unjustly placed in removal proceedings due to the adverse consequences of a plea entered on the advice of counsel. Represented by Saluja Law, the Client sought Post-Conviction Relief to rectify the injustice perpetrated against him.
The Client, relying on the counsel of his previous legal representative, entered a guilty plea, unaware of the severe implications it would have on his immigration status. This plea rendered him ineligible for certain forms of relief before the Executive Office of Immigration Review, jeopardizing his prospects of remaining in the United States with his family and pursuing his livelihood.
Saluja Law, renowned for its expertise in immigration law and commitment to justice, undertook Client's case with dedication and fervor. Recognizing the grave injustice inflicted upon their client, the legal team diligently pursued avenues for relief. Leveraging their knowledge of both immigration and criminal law, Saluja Law filed a Motion to Withdraw Plea on the grounds of ineffective assistance of counsel and statutory bars under West Virginia Code.
The court, after careful consideration of the evidence presented and the compelling legal arguments advanced by Saluja Law, ruled unequivocally in favor of Client. Recognizing the fundamental flaws in the legal proceedings that led to the plea, the court granted the Motion to Withdraw Plea, thereby nullifying the adverse consequences of the earlier conviction.
This decision not only vindicates Client's rights but also restores his eligibility to adjust his status to that of a Lawful Permanent Resident. With this ruling, Client can now pursue his aspirations in the United States with renewed hope and confidence, free from the specter of removal proceedings and the uncertainty that plagued his existence.
In conclusion, the court's decision represents a triumph of justice and underscores the importance of competent legal representation in immigration proceedings. Saluja Law's unwavering advocacy has not only secured a favorable outcome for their client but has also reaffirmed the principles of fairness and due process in the legal system.
Practice area(s): Immigration
Court: Circuit Court in West Virginia