When a lawful permanent resident is convicted in federal court, the consequences often extend far beyond the criminal sentence. For many non-citizens, a federal conviction can trigger removal proceedings, threaten lawful permanent resident status, and permanently separate families. Recently, the experienced legal team at Pozo Goldstein, LLP, a leading New York immigration law firm, successfully represented a client convicted of insider trading in federal court and obtained New York cancellation of removal relief—allowing him to retain his green card after serving his sentence.

This case highlights the critical intersection between federal criminal law and immigration law, and underscores the importance of working with an experienced New York immigration lawyer when deportation is on the line.

The Background: Federal Conviction and Removal Proceedings

The client, a native and citizen of Canada, had lawfully entered the United States and adjusted his status to that of a lawful permanent resident in March 2020 under Section 245 of the Immigration and Nationality Act. He was classified under the IR6 category after being granted advance parole at Fort Lauderdale, Florida in January 2020 to complete his adjustment of status process.

In October 2024, he was convicted in the United States District Court for the Southern District of New York of securities fraud. Specifically, the conviction was for conduct occurring on or about October 7, 2021, in violation of:

• 15 U.S.C. §§ 78j(b) and 78ff
• 17 C.F.R. § 240.10b-5
• 18 U.S.C. § 2

These provisions criminalize securities fraud and related conduct, including insider trading schemes. The offense carried a potential sentence of one year or longer.

Following the conviction, the Department of Homeland Security issued a Notice to Appear (NTA), placing the client in removal proceedings. DHS alleged that:

1. He was not a citizen or national of the United States;
2. He was a native and citizen of Canada;
3. He had been granted advance parole into the United States in January 2020;
4. His status had been adjusted to lawful permanent resident in March 2020; and
5. He had been convicted within five years of admission of a crime involving moral turpitude for which a sentence of one year or longer may be imposed.

DHS charged him as removable under Section 237(a)(2)(A)(i) of the Immigration and Nationality Act. This section provides that a non-citizen is removable if convicted of a crime involving moral turpitude committed within five years after admission, if the offense carries a possible sentence of one year or more.

Because the conviction occurred within five years of his adjustment to lawful permanent resident status, and because securities fraud has been found in many cases to constitute a crime involving moral turpitude, the client faced the very real possibility of losing his green card and being permanently removed from the United States.

The Stakes: Deportation After Federal Incarceration

At the time removal proceedings were initiated, the client was serving his federal sentence in federal prison. Without effective immigration representation, he could have completed his criminal sentence only to be transferred directly to immigration custody and ultimately deported to Canada.

For lawful permanent residents, deportation is often more devastating than the criminal sentence itself. The client had established ties in the United States, built a career, and maintained close family relationships here. A removal order would have uprooted his life and destroyed the stability he had built.

Recognizing the severity of the situation, the client retained Pozo Goldstein, LLP to represent him in immigration court.

The Legal Strategy: Fighting for Cancellation of Removal

The attorneys at Pozo Goldstein, LLP immediately conducted a thorough analysis of the client’s criminal record, immigration history, and statutory eligibility for relief.

Despite the seriousness of the securities fraud conviction, the client was statutorily eligible to apply for cancellation of removal for certain permanent residents under Section 240A(a) of the Immigration and Nationality Act. To qualify for this form of relief, an applicant must demonstrate:

• At least five years as a lawful permanent resident;
• At least seven years of continuous residence in the United States after admission in any status; and
• No conviction for an aggravated felony.

One of the critical legal issues in the case was whether the federal securities fraud conviction constituted an aggravated felony under immigration law. While certain fraud offenses can qualify as aggravated felonies if they involve a loss exceeding $10,000, the specific facts, record of conviction, and sentencing details are pivotal.

The legal team at Pozo Goldstein, LLP carefully examined the record of conviction and argued that the offense did not constitute an aggravated felony as defined by the Immigration and Nationality Act. Preserving eligibility for New York cancellation of removal was essential.

Additionally, the firm prepared a comprehensive evidentiary record demonstrating the client’s equities in the United States, including:

• Family ties and support
• Employment history
• Community involvement
• Rehabilitation efforts
• Evidence of remorse and acceptance of responsibility

Because the client was incarcerated at the time of the proceedings, presenting these equities required careful coordination, preparation of documentary evidence, and detailed legal briefing.

The Individual Hearing: A Full Presentation of Relief

The case proceeded to a full individual hearing before an immigration judge. Even while serving his federal sentence, the client was entitled to apply for discretionary relief.

At the hearing, Pozo Goldstein, LLP presented both legal and factual arguments:

• Challenging the government’s interpretation of the conviction’s immigration consequences
• Establishing statutory eligibility for cancellation of removal
• Demonstrating that the positive equities outweighed the negative factors

Cancellation of removal is discretionary relief. Even if an applicant meets the statutory requirements, the immigration judge must decide whether, as a matter of discretion, the applicant deserves to retain lawful permanent resident status.

In cases involving financial crimes, the discretionary analysis can be particularly challenging. The firm addressed the seriousness of the offense directly, emphasizing accountability, rehabilitation, and the absence of any prior criminal history. They demonstrated that the conviction was an isolated incident and that the client had taken meaningful steps toward personal and professional reform.

The attorneys also underscored the severe hardship that removal would impose on the client and his family.

The Outcome: Green Card Preserved

After full legal briefing and a contested hearing, the immigration judge granted cancellation of removal.

This decision allowed the client to retain his lawful permanent resident status despite his federal conviction. When he completed his sentence in federal prison, he was not deported. Instead, he was released and allowed to remain in the United States as a green card holder.

For the client and his family, the outcome was life-changing. Without experienced representation from a skilled New York immigration lawyer, the result could have been very different.

Why This Case Matters

This case demonstrates several critical points:

First, not every federal conviction automatically results in deportation. Immigration law is highly technical and fact-specific. The precise statutory language, record of conviction, and loss calculations can determine whether a conviction qualifies as an aggravated felony or crime involving moral turpitude.

Second, even individuals convicted of serious financial crimes may still qualify for New York cancellation of removal if they meet statutory requirements and present compelling equities.

Third, immigration court proceedings can and should be fought aggressively—even when the individual is incarcerated.

The intersection of criminal and immigration law is complex. It requires attorneys who understand both systems and who can craft nuanced arguments that protect lawful permanent resident status.

The Importance of Experienced Representation

Pozo Goldstein, LLP has long been recognized as a leading immigration law firm serving clients throughout New York. The firm’s attorneys have decades of combined experience handling removal defense, federal litigation, cancellation of removal, waivers, asylum claims, and complex criminal-immigration matters.

When clients face removal under Section 237(a)(2)(A)(i) for crimes involving moral turpitude, the consequences are severe. But as this case illustrates, relief may still be available.

An experienced New York immigration lawyer will:

• Carefully analyze the criminal record
• Determine eligibility for relief
• Prepare detailed legal briefs
• Present compelling evidence at hearing
• Advocate forcefully before the immigration judge

In removal proceedings, preparation and strategy make all the difference.

Facing Deportation After a Criminal Conviction?

If you or a loved one has received a Notice to Appear, been convicted of a crime, or is facing removal proceedings, it is critical to seek legal counsel immediately. Timing matters. Eligibility for relief can depend on precise dates, statutory interpretations, and the details of the criminal record.

The successful outcome in this federal insider trading case underscores that deportation is not inevitable—even after a serious conviction. With the right legal strategy and advocacy, it may be possible to preserve lawful permanent resident status through New York cancellation of removal.

Pozo Goldstein, LLP stands ready to fight for clients facing the most difficult immigration challenges. If you need an experienced New York immigration lawyer to defend you in removal proceedings or pursue cancellation of removal, contact Pozo Goldstein, LLP today to schedule a consultation and protect your future in the United States.