Immigration
Lawyer Magdalena Cuprys of the law firm Cuprys and Associates announced today
that the Board of Immigration Appeals ruled in her client’s favor regarding a
removal (deportation) proceeding. On appeal, citing Matter of Serna, the Board finds that mere possession of an altered
immigration document, without intent to use it unlawfully, is not a “crime of
moral turpitude.” The Board therefore reversed the Immigration Judge’s
determination that the person should be sent back to Mexico on those grounds.
Ms. Cuprys had
sought a so-called “cancellation of removal” for her client L.R. (originally
from Mexico) under Section 240A(b) of the Immigration and Nationality Act,
which is a relief that allows a person who does not have legal status to remain
here if he or she has been here for 10 years, has not committed serious crimes,
and if removing him or her from the country would be a hardship for U.S.
citizens or permanent residents such as children or other close relatives.
In the initial
proceedings, the Immigration Judge found that L.R.’s possession of a fraudulent
I-94 (a document that shows the authorized stay of a foreign person in the
U.S.) was a “crime involving moral turpitude.” The Board of Immigration Appeals
notes that “crime involving moral turpitude” is a class of offenses involving
reprehensible conduct committed with a culpable mental state.
The Board of
Immigration Appeals explains: “In Matter
of Serna, … we held that a conviction under 18 U.S.C. 1546 (1982) for
possession of an altered immigration document with knowledge that it was
altered, but without its use or proof of any intent to use it unlawfully, is
not a conviction for a crime involving moral turpitude.” Here, L.R. pled guilty
to possessing the document, but there is no indication that he intended to use
it unlawfully. Thus, the Board reverses the Immigration Judge’s finding that
L.R. is removable, and remands for further proceedings.
Ms. Cuprys is a
recognized immigration attorney based in Florida but represents clients not
only in the United States but from outside of the U.S. as well. One of the firm’s experience that they provide is the representation
in removal proceedings cases. With over a decade of experience, the law firm
provides clients with the confidence that their cases will be handled by an
expert who understands their needs and how to obtain their goals.
Ms. Cuprys
stated “we are pleased with today’s ruling for my client. Some of the
immigration case we see are very difficult because of the ever changing
government policies, therefore the Department of
Justice needs to act quickly to issue guidance on these issues. Otherwise,
courts will be inundated with motions swamping a court system that is already facing
a backlog. However, as promised, my law firm and I are committed to
providing our clients with every available resource that is available to us.”
Magdalena Cuprys received her Juris Doctor from the University of Washington School of Law. Before law
school, she completed two bachelor’s degrees, one in Political Science and one in Latin American Studies, at the
University of Chicago. (AB Degrees Political Science & Latin American
Studies from the University of Chicago).
Magdalena
Cuprys is the principal attorney of Serving Immigrants (Cuprys & Associates),
a full-service immigration law firm offering a complete range of immigration
services to both businesses and individuals. The law firm is uniquely qualified
to manage the most contentious and unusual immigration needs. Ms. Cuprys’
website is www.servingimmigrants.com. She is a member of the American
Immigration Lawyers Association (AILA), see
http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169. Her
professional LinkedIn profile is at https://www.linkedin.com/in/magdalena-cuprys-265534a/
*** Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs. Swift resolution of immigration-related issues is integral to a client’s ability to conduct business or reach their personal goals in the United States. Located in Miami and Clewiston, the firm’s offices provide corporate and individual clients of foreign nationality with temporary work permits for the U.S., green card petitions, criminal waivers and representation in removal proceedings cases. With over a decade of experience, the law firm provides clients with the confidence that their cases will be handled by an expert who understands their needs and how to obtain their goals. Although the majority of the law firm’s clients live in Florida, it represents people from all over the United States and several foreign countries. References Law Firm Website: www.servingimmigrants.com Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169 Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/ Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433 Findlaw: https://pview.findlaw.com/view/4161404_1 Media News article “Broward Transitional Center: Immigrants With No Criminal History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4 See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/ and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility Ms. Cuprys recently prevailed in a hotly contested asylum cases against the U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
