The client was not eligible for release on Bond because he had Controlled Substance Convictions. It is noteworthy to mention that had just one of the several Controlled Substance Convictions been for trafficking of a Controlled Substance, he would not have any relief as an aggravated felony which would result in Deportation (modernly called Removal).
We filed an application for Cancellation Of Removal called a 42A (COR). We needed to show that Alberto deserved favorable discretion enough to offset the several drug convictions. Alberto had several Drug Convictions. It was evident that Alberto was addicted to Methamphetamine but with good family support and his initiative, he could put this behind.
The key to Alberto’s relief was documenting the Ties and Equities Alberto had in the USA. I put together a COR package showing all the family and roots Alberto had in the USA. It weighed in Alberto’s favor that he had been an LPR for over 15 years. Rehabilitation of the detainee is critical in COR. If the Detainee does not show a new leaf turning in their life through rehabilitation, then relief can be denied, and the Individual will be Removed.
Our package was sufficient to persuade the Judge that Alberto had kicked the drug habit and was a changed man. This COR relief can only be given one time, if the detainee falls into this problem again, he will have no relief and will very likely be deported.