Wins
The following outline provides some background information on litigation where Brian Conry's clients had a good result and were granted a green card or had serious Measure 11 charges dismissed. The appellate cases include cases where Brian represented the client before the trial court and another attorney handled the appeal and where Brian handled the appeal.
One important Board of Immigration precedent decision is in re Hadi Eslamizar 23 I&N Dec 684 (BIA (2004) which was a win before the (BIA) Board of Immigration Appeals. This appeal was handled by Brian and resulted in a precedent decision by the BIA. The BIA found that a "violation" under Oregon Law is not a conviction for immigration purposes. Since then, Brian's opinion is that this case may have helped hundreds or even thousands of immigrants.
2011 Wins
State of Oregon, Washington County,statute of limitations tolls to permit Post conviction relief claim filed approximately eight months after the statute of limitations would have otherwise run. Judge's Decision on Motion to Dimiss
On November 27, 2011, a Motion to vacate judgment was granted in Vancouver Washington, due to counsel's failure to advise his immigrant client of his required deportation following his plea to Communication With A Minor for an Immoral Purpose. Order Vacating Conviction
A one time undocumented, former criminal defendant facing Measure 11 charges becomes a legal permanent resident. He had brought a VAWA (Violence Against Women Act) claim for legal status in the United States. His former abusive spouse was a US citizen. The VAWA submission was approved by the immigration authorities and he has now become a permanent resident of the United States. Justice Rocks!! LPR Status Approval
Drug delivery conviction reversed due to failure of criminal defense counsel to give accurate immigration advise in a Washington criminal case where nearly a kilogram of cocaine was seized by law enforcement from the defendant's garage. State of Washington v. Martinez, II
Client earns right to a second, competent PCR (post conviction relief) proceeding following the denial of PCR in a case where prior PCR counsel was inadequate. Malheur County Circuit Court 07045812P A140782
2009-2010 Wins
Brian Conry handled the murder case on appeal. The Oregon Supreme Court decided the judgment of the Court of Appeals is reversed. The judgment of the circuit court is reversed, and the case is remanded to the circuit court for further proceedings. The evidence against Salas-Juarez was not overwhelming and there was evidence in the record to support Salas-Juarez's theory that Russell was the actual perpetrator of the murder, and, for those reasons, evidence of Russell's statement might have tipped the balance toward reasonable doubt as to defendant's guilt. Russell's statement about "slashing" the man at the bar was relevant to show Russell's angry and violence-prone state of mind just prior to the brawl and was admissible under OEC404(3). Opinion
Ninth Circuit Appellate Win (sentencing issue). Mr. Brian Conry represented the Defendant at the District Court level, and Mr. Michael Levine represented won the case on appeal based upon an argument that was preserved by Mr. Conry at the District Court level. The Ninth Circuit Court vacated the sentence and remanded it to the District Court. The Defendant's sentence was reduced from 180 months to 60 months.
9th Circuit Memorandum Judgment USM Number 69518-065
Mexican national convicted of an "aggravated felony",delievery of a controlled substance, was not advised as required by his criminal defense counsel that this conviction would legally require his banishment from the United States. Conviction vacated and client released from custody at the NW Detention center due to the ineffective assistance of counsel. Client's legal permanent resident status is intact. Decision Letter
2008 Wins
A 20-year-old immigrant legal permanent resident charged with the aggravated felony Sexual Abuse of a Minor following conviction for Rape in the Third Degree and Sexual Abuse in the Second Degree under Oregon law. The female involved with the consensual statutory sex crime was under 16 at the time of the "crime." The immigrant successfully moved to set aside legal permanent resident status which was obtained only due to a misrepresentation made to USCIS (United States Citizenship and Immigration Service) when his adjustment of status from undocumented to legal permanent resident was obtained. The misrepresentation (failure to advise USCIS of the pending criminal charge and later of the conviction) resulted in the immigration judge agreeing that he had been unlawfully accorded legal permanent resident status. This misrepresentation was forgiven through a 212(i) waiver. The underlying convictions for statutorily based sex crimes were forgiven through a 212(h) waiver because the young man's deportation from the United States would result in extreme hardship to his legal permanent resident mother and father. The immigrant is now a green card holder and back at home with his family. Court decision Immigration Waiver.
Measure 11 Wins
In two recent cases, this law firm has successfully defended Measure 11 charges where immigrants were in custody with immigration detainers on them. Each of these clients is now free.
In one case, the client was charged with unlawful sexual penetration, a charge that carries under Measure 11 a mandatory minimum sentence of 100 months in prison. The resolution was a plea to a non-deportable offense and a sentence of 179 days jail. We hope and anticipate that this client may well be able to become a legal permanent resident of the United States in the future.
This client referred his cellmate to us. The cellmate was charged with several counts of Sexual Abuse. His former attorney had recommended that he plea to a "plea offer" of 100 months because he might do much worse if he were to go to trial and be convicted. The opinion was that he would have little or no chance to win at jury trial. The charges he faced were Measure 11 charges. After a thorough investigation by a Spanish-speaking investigator and hard negotiations, this case was dismissed.
Post Conviction Relief
(2008) A new approach in the Supreme Court of the State of Oregon.
In July 2007, the immigration court granted a Motion to Reopen proceedings following the successful post-conviction of an "aggravated felony" conviction on behalf of an immigrant. Subsequently, the immigrant who had been a Legal Permanent Resident was allowed to re-enter the United States in that Legal Permanent Resident Status which had been rescinded before the Motion to Reopen was restored. The immigrant had been deported out of the United States. At this time, the immigrant is back in the United States and living in Oregon. This was a particularly satisfying win as the post-conviction relief case was filed more than two years after the judgment order but that claim was allowed to proceed as an exception to the Oregon Statute of Limitations laws for two years on post-conviction cases.
Also, many believed that one would be unable to have an immigrant returned back to the United States after a post-conviction relief case had vacated a prior conviction if the immigrant had been deported from the United States. This proves that that line of thinking was mistaken. See Wiedersperg v. INS, 896 F.2d 1179 (9th Cir. 1990). The Ninth Circuit affirmed the continuing vitality of Wiedersperg in Cardoso-Tlaseca v. Gonzales, 460 F.3d 1102 (9th Cir. 2006).
The following lists some of the cases where Mr. Conry's client prevailed on appeal where Mr. Conry represented the client in either the trial court, the appellate court, or before both courts. Mr. Conry has been victorious in numerous courts over many years.
Updated cases to be added soon.
Board of Immigration Appeal
Hoguer Montano-Diaz (2006) The Board of Immigration Appeals reversed deportation order and terminated deportation proceeding. BIA representation by Mark Kinzler an associate attorney with Brian Conry.
State of Oregon
State of Oregon v Gonzalez-Galindo (bad stop, conviction overturned) 146 Or.App. 291, 932 P.2d 118 (1997) (marijuana grow, drugs suppressed, case dismissed) 159 Or.App. 34, 977 P.2d 1175 (1997)
State of Oregon v Ordonez-Villaneuva (inadmissible evidence allowed before jury, conviction reversed and case remanded) 138 Or.App. 236, 908 P.2d 333 (1996)
Federal District Court Oregon
U.S. District Court (2008) USA v. Aduka Order on Motion to Dismiss. Federal habeas win due to inadequate assistance on immigration consequences of federal conviction.
USA v Jude Elebe Aduka Federal habeas corpus (2005) win (vacating federal felony conviction).
Federal Circuit Court of Appeals
Zheng v. Ashcroft 89 Fed. App. 76 (2004) (reversal of deportation order saving alien from likely death at the hands of the snake heads, a human trafficking criminal organization in China.
US vs. Vea-Gonzales Collateral Attack (reduced sentence) 986 F.2d 321 (1993) 986 F.2d 321 amended by 999 F.2d 1326 (1993)
US vs. Shell \96 Speedy Trial Win (dismissal) 961 F2d 138 (9th Cir. 1992), also see 974 F.2d 1035 (9th Cir. 1992)
The following additionally lists pleadings or decisions from deportation defense and Post Conviction Relief cases handled by Brian Patrick Conry:
EOIR: IMMIGRATION COURT OF OREGON
CANCELLATION OF REMOVAL WIN: On March 8, 2002 Judge Bennett opinion "entered without inspection" Hispanic female from Mexico allowed to remain in the United States after she was discovered by the INS here "illegally". She is now "legal" has green card, etc.
State of Oregon
Hood River County (2006) Post Conviction Relief
Clackamas County (2005)
Malheur County (2005)
Multnomah County (2004)
Washington County(2001)
Washington County (2000)
Law Office of Brian Patrick Conry, P.C.
711 Willamette Building • 534 S.W. Third Avenue • Portland, Oregon 97204
(503) 274-4430 bpconry@gmail.com