Florida Immigration Attorney Magdalena Cuprys
successfully gets Client’s criminal conviction vacated
Young immigrant from Honduras pled guilty to attempted robbery, not
understanding that he would be deported as a result.
Miami, FL (August 2018) The law firm of
Cuprys and Associates announced today that immigration Lawyer Magdalena Cuprys successfully
got the criminal conviction of a young client vacated and set aside, thus
giving him a chance of staying in the U.S. instead of being deported.
Ms. Cuprys explained that the client, H.C.,
is only 21 years old and originally from Honduras. He came to the U.S. at age 8,
and at the time of the events held a U.S. work permit under the “deferred
action status for childhood arrivals” (DACA). According to the records, he
attempted a strongarm robbery and petit theft in 2015 when he was 19 years old,
and was arrested as a result. H.C. had allegedly tried to steal someone’s bag.
While represented by another attorney, H.C.
plead guilty and the Circuit Court (Eleventh Judicial Circuit, Miami-Dade
County) thus found H.C. guilty and ordered 2 years’ probation.
As a consequence of the guilty plea, H.C.
ended up in deportation proceedings and was picked up by officers of the U.S. Immigration and Customs Enforcement (ICE).
While the deportation proceeding was pending, Attorney Magdalena Cuprys filed a
Motion in the Circuit Court to vacate H.C.’s judgment and sentence, based on
Padilla v. Kentucky, 130 S.Ct. 1473 (2010) and Julien v. State, 917 So.2d 213
(Fla 4 DCA 2005).
Ms. Cuprys argued that the prior attorneys
did not take all necessary action to protect H.C. In particular, H.C. did not
know that the guilty plea would subject him to deportation back to Honduras.
Also, according to Ms. Cuprys’ filings, the bag that H.C. allegedly tried to
steal was in fact his.
The Circuit Court of the Eleventh Judicial
Circuit (Miami-Dade County) now granted the motion that Ms. Cuprys had filed. After the Court granted Ms. Cuprys’ Motion to Vacate, the State of Florida announced that it would
“nolle pros” the charge - the finding of guilt be vacated and set aside.
Note: “Nolle prosequi is a Latin phrase meaning “will
no longer prosecute.” It is equivalent to a dismissal of charges.
Ms. Cuprys stated she is pleased with the
decision. “H.C. came to the U.S. as a child as the result of child trafficking
and has lived here ever since. If he were returned to Honduras, a country
unknown to him, he will be subject to gang violence and torture. The Court’s
decision gives this young man a chance to seek an immigration bond and stay in
the United States of America.”
The underlying case is #F15020585 (Circuit
Court 11t5h Judicial Circuit, August 16, 2018).
About Magdalena Cuprys
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 and 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 http://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-61619b4/
*** 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
