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Undocumented Immigrant Covered Under DACA Receives Temporary Reprieve from Deportation Action

Lesly Sophia Cortez-Martinez, an undocumented 32-year-old immigrant, had found a reprieve under President Obama’s Deferred Action for Childhood Arrivals (DACA) program. Ms. Cortez-Martinez came to America when she was 15 years old, and has three children living in the United States. Recently, Ms. Cortez-Martinez visited her mother in Mexico with permission from the U.S. Citizenship and Immigration Services. When she returned to the U.S., she was detained and deported back to Mexico based on an older deportation order.

The order for deportation for Ms. Cortez-Martinez was issued approximately eight years prior to DACA’s enactment. Although there was an outstanding order, it did not prevent Ms. Cortez-Martinez from being eligible for DACA.

After her deportation, immigration officials reversed the deportation order and Ms. Cortez-Martinez was allowed to return to the U.S. The battle is not over, though, because most likely deportation proceedings will commence again. Now that Ms. Cortez-Martinez has been deported, it must be determined by immigration officials whether she is eligible for DACA status after returning to the U.S.

For more information about DAPA eligibility, please contact an experienced immigration attorney. When it comes to your status as a legal resident, it is important to act as soon as possible. If you are seeking help on immigration matters or possibly facing deportation, call the experienced attorneys at Bretz & Coven, LLP at (212) 267-2555.

Immigration Consequences of Criminal and Fraudulent Conduct
The immigration consequences of criminal or fraudulent conduct can be harsh and often illogical. Even a very minor offense could have a dramatic immigration consequence, including deportation, detention without bond, being denied naturalization, a visa or re-entry into the United States. Likewise, the use of fake or fraudulent documents, aliases, and other misrepresentations can have similar immigration consequences. Kerry Bretz and Bretz & Coven have been counseling non-citizen criminal defendants, as well as their lawyers, for over 20 years. We have a long history of strategizing deportation and removal defenses, as well as applications for waivers, in very complicated cases.

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