Motion for New Trial Allowed for Non-Citizen Client

Today a judge in the Lowell District Court allowed Attorney Goldenberg’s Motion for New Trial for a client who received constitutionally deficient advice concerning the immigration consequences of his admission to sufficient facts. Ten years ago the client accepted a continuance without a finding (CWOF) for a drug possession charge unaware that this would render him inadmissible to the United States. As a result of this CWOF he was unable to adjust his immigration status when his U.S. citizen wife sought to sponsor him for a green card. Fortunately, the judge allowed Attorney Goldenberg’s Motion for New Trial in which she successfully argued that the plea had to be vacated because of ineffective assistance of counsel by her client’s plea attorney. Because of Ms. Goldenberg’s expertise in the intersection of criminal and immigration law, she was able to negotiate a resolution of that case that will not have negative immigration consequences to her client who can now adjust his status.