Lee & Garasia, LLC
  • Tel: 732-516-1717
  • Toll free: 888-404-5876
Experience, Accessibility, and Excellence for Over 20 Years
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  • "I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate." Read More

  • "I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You've really made this process much more comprehensive to me, which I greatly appreciate." Read More

  • "Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time." Read More

  • "Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time." Read More

  • "I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!" Read More

  • "Stalin - Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs." Read More

  • "Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work.He solved my all family immigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia." Read More

  • "Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution. A big thanks :)" Read More

Could a Township or Municipal Ordinance in NJ Cause Deportation?

The BIA released a very interesting decision recently that can have potential immigration ramifications for anybody convicted in our state's municipal courts. The case is Matter of Roberto Cuellar-Gomez, 25 I&N 850 (BIA 2012). There were several issues before the Board, which arose out of an Immigration Judge's ruling that the Respondent, Mr. Cuellar-Gomez, was removable on the basis of a conviction for a Wichita, Kansas, municipal ordinance prohibiting marijuana possession. Despite the respondent's arguments that his conviction in the municipal court did not constitute a State crime, the Board disagreed and held that the township violation not only was a breach of a law or regulation of a State...relating to a controlled substance," but also that the conviction also served as a predicate offense that allowed DHS to classify the respondent's subsequent marijuana conviction later on that year, as an Aggravated Felony. The decision is much more complicated than is explained here. The gist here is that one should not assume that one is immune to removability just because a criminal case was disposed of in municipal court. Moreover, pleading guilty to a township ordinance does not necessarily insulate an individual from potential removability. Our municipal courts, following the logic of the decision, are merely extensions of State sovereignty, and as such, so long as procedural due process is given to a criminal defendant in court, convictions for ordinances--which are not ordinarily considered crimes or even misdemeanors--can serve as the basis of deportability, especially when it comes to drug offenses. (Incidentally, this is assuming, of course, that the State charges an individual with an ordinance in the first place, or is willing to downgrade a disorderly persons offense to that of an ordinance--which, these days, is getting increasingly rare.)

On a side note, along these lines, convictions for ordinances relating to drug offenses will also probably jeopardize an individual's ability to seek deferred status under the DREAM deferred action program.


    • Avvo Rating 10.0 | Superb
    • Client Distinction Award | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationally Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
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Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

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