A Buffalo man facing deportation because of his criminal record will get a chance to argue his case in court again.
A federal appeals court recently found that Ricardo Alvin Gill, a Barbados native who eventually became a permanent U.S. citizen, should have the opportunity to challenge his deportation. Gill was represented by Buffalo attorney Michael J. Stachowski.
Deported in 2004 after a felony robbery conviction in the Bronx, Gill was found six years later in Buffalo, where he had a family, job and no new criminal convictions.
Federal authorities want Gill deported again, but the Second Circuit Court of Appeals in New York pointed to a recent Supreme Court decision in ordering the case back to district court in Buffalo. In ruling in Gill’s favor, the appeals court overturned its own 2003 precedent barring noncitizen felons from challenging their deportation.
The ruling is expected to have legal implications far beyond Western New York, and could potentially allow other immigrants convicted of felonies to challenge their deportation.