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Notable cases

Ramirez-Molina v. Ziglar, 436 F.3d 508 (5th Cir. 2006).

With the assistance of Javier N. Maldonado, Mr. Ramirez-Molina challenged his reinstated prior deportation order. Breaking new legal ground, lawyers successfully argued that federal courts were required to consider constitutional challenges to deportation orders underlying reinstatement orders.

Martinez-Aguero v. Gonzalez, 459 F.3d 618 (5th Cir. 2006), cert. denied, 127 S.Ct. 837 (2006).

Immigration officer Gonzalez savagely beat Ms. Martinez-Aguero at the El Paso International Bridge. Javier N. Maldonado, and other lawyers, sued Officer Gonzalez and the United States and argued that even though she was not a citizen or a resident of the United States, Ms. Martinez-Aguero was protected by the Fourth Amendment to the U.S. Constitution. The case was remanded to the district court and the defendants compensated Ms. Martinez-Aguero for her injuries.

Serna-Guerra v. Mukasey, 285 Fed. Appx. 110 (5th Cir.), reh’g denied, 298 Fed. Appx. 370 (5th Cir. 2008), vacated subnom. Serna-Guerra v. Holder, 129 S.Ct. 2764 (2009), petition granted on remand, Serna-Guerra v. Holder, 2009 U.S. App. LEXIS 26641 (5th Cir. Dec. 9 2009).

Successfully appealed Mr. Serna-Guerra’s immigration case to the Supreme Court of the United States. Mr. Serna-Guerra was wrongly ordered deported as an aggravated felon for his conviction for unauthorized use of a vehicle under Texas law, Tex. Penal Code § 31.07. After appealing to the BIA and the Fifth Circuit (twice), the Supreme Court reversed and instructed the Fifth Circuit Court of Appeals to reconsider whether Mr. Serna-Guerra’s conviction was a crime of violence. On remand, Mr. Serna-Guerra was successful in keeping his permanent residence.

Kerr v. Holder, 352 Fed. Appx. 958, 2009 U.S. App. LEXIS 24648 (5th Cir. Nov. 10, 2009).

Successfully represented a long-term permanent resident ordered deported as an aggravated felon for his conviction under Florida law for false imprisonment. Lawyers successfully convinced the Federal Court of Appeals that Mr. Kerr’s conviction was not an aggravated felony crime of violence. The case was remanded to the Immigration Court and the government terminated deportation proceedings against Mr. Kerr.

Davila v. Holder, 381 Fed. Appx. 413, 2010 U.S. App. LEXIS 12230 (5th Cir. June 15, 2010).

Successful in persuading the Federal Court of Appeals that Mr. Davila’s conviction for sale of cocaine, in violation of New York Penal Code § 220.41, was not a drug trafficking crime and thus did not qualify as an aggravated felony under 8 U.S.C. § 1101(a)(43). The case was remanded to the Immigration Court and Mr. Davila was granted cancellation of removal and retained his permanent residence.

Castro v. United States, 608 F.3d 266 (5th Cir. 2010), cert. denied, 131 S.Ct. 902 (2011).

Represented a United States citizen mother and child in a civil rights lawsuit against the United States for wrongfully deporting the child and separating them for three years. Mother and child were successfully reunited.

United States v. Villanueva Diaz, 634 F.3d 844 (5th Cir.), cert. denied, 132 S.Ct. 110 (2011).

The Law Office of Javier N. Maldonado, PC represented Mr. Villanueva Diaz in his illegal re-entry case and challenged his prior deportation order because his former counsel failed to notify Mr. Villanueva Diaz of the BIA’s decision dismissing the appeal. Lawyers appealed to the Supreme Court of the United States but were not successful in their fight.

Perez-Gonzalez v. Holder, 667 F.3d 622 (5th Cir. 2012).

The Department of Homeland Security (DHS) sought to deport Mr. Perez-Gonzalez as an aggravated felon for his conviction as a teenager for having sexual relations with another teenager in violation of Minnesota law. Lawyers successfully argued that Mr. Perez-Gonzalez’s conviction was not an aggravated felony. On remand to the Immigration Court, the DHS terminated the deportation proceedings against Mr. Perez-Gonzalez.

United States v. Resendiz-Moreno, 705 F.3d 203 (5th Cir. 2013).

Attorney Maldonado challenged the prison sentence imposed on Mr. Resendiz-Moreno because of his Georgia conviction for cruelty to a child. The Federal Court of Appeals was persuaded that the Georgia offense was not a crime of violence and thus, Mr. Resendiz-Moreno was re-sentenced and given less prison time.

Paez-Sarmientos v. Holder, 742 F.3d 624 (5th Cir. 2014).

When the Department of Homeland Security sought to deport Mr. Paez-Sarmientos for having been convicted of drug trafficking under Florida law, the Law Office of Javier Maldonado, PC successfully argued that the Florida conviction was not an aggravated felony under immigration law. The Federal Court of Appeals remanded the case to the Immigration Court so Mr. Paez-Sarmientos could apply for cancellation of removal.