Based on his conviction, the Department of Homeland Security charged EK as being removable for having a conviction for a firearms offense, and for having a conviction that constituted an aggravated felony relating to the illicit trafficking of firearms. Being held to be an aggravated felon would mean that EK was ineligible for Cancellation of Removal as a Lawful Permanent Resident, which was the only form of relief available to EK.
Attorney Moonjung Jenny Kim argued before the Immigration Court that EK’s conviction for Criminal Sale of a Firearm in the third degree did not constitute an aggravated felony relating to the illicit trafficking of firearms. The Immigration Judge, unfortunately, disagreed with Attorney Moonjung Jenny Kim holding that a conviction in NYS for Criminal Sale of a Firearm in the third degree was considered an aggravated felony. The Immigration Judge then ordered EK to be removed from the United States upon completion of his criminal sentence.
Attorney Moonjung Jenny Kim appealed the Immigration Judge’s decision to the Board of Immigration Appeals. The Board of Immigration Appeals agreed with Attorney Moonjung Jenny Kim finding that EK was not an aggravated felon and EK’s case was remanded to the Immigration Court to permit EK to file an application for LPR Cancellation of Removal. By this time, EK had completed his criminal sentence and was transferred over to ICE custody.
EK was eventually released from ICE custody and permitted to keep his green card when the attorney from the Department of Homeland Security agreed to a grant of LPR Cancellation on the day of EK’s individual hearing based on the documentary evidence submitted by Attorney Moonjung Jenny Kim in support of EK’s LPR Cancellation application.
