Washington– After 2 ½ years in removal proceedings, Filipino permanent resident (green card holder) Joart Aromin finally won his removal (deportation) case.

The Migrant Heritage Commission (MHC), though its legal resources program, provided pro bono (free) legal assistance to Aromin.

Joart , a green card holder since April 1996 and has been a resident of the U.S since 1984 was arrested and placed in removal proceedings by the U.S Department of Homeland Security because of his two criminal convictions.

The first was for assault and battery in 1994 (Domestic Violence) and in July 2000 for assault (Domestic Violence). In June 2008, he was arrested early morning at his residence by immigration authorities. In August 1998, a friend of Joart’s approached MHC Executive Directors Jesse A. Gatchalian and Grace Valera-Jaramillo. Representation by MHC Executive Director Arnedo S. Valera, resulted in approval from the court for Aromin to post a bail bond of $ 5,000.

The close friends of Joart and MHC raised the money for Joart’s temporary release at the Immigration office in Fairfax, Virginia.

On January 6, 2011, the Immigration Judge in Arlington, Virginia ordered the termination of Aromin’s case without prejudice. Valera as lead counsel moved for the termination of the removal proceedings, noting that the “1994 conviction cannot be a ground of deportability because the law making such offense deportable took effect in September, 1996.”

He added: “His other conviction under VA code for Assault and battery in 2000 is not a ‘crime of violence’ as defined under Federal law which makes one deportable because a crime of violence under Federal Law means that it has an element the use, attempted or threatened use of physical force against the person...or is one that by its nature involves substantial risk where force is an element.. But Virginia law is clear, assault and battery does not require the actual infliction of physical injury and may include any touching, however slight.”

During the court proceedings, the U.S Department of Homeland Security concurred with the legal arguments. Aromin and the family were  elated and thanked the community and MHC, which can be reached at migrantheritage@gmail.com.