| Case Name |
Immigration Offense Hearing |
| Case Overview |
The client was sentenced to imprisonment for violating the Customs Act during their work as a purchasing agent. |
| Special Circumstances |
Anticipating a deportation order after the criminal conviction, the client sought proactive assistance from Ma-Jung. |
| Case Handlers |
Lead Attorney Yongjun Kim |
| Outcome |
Severe warning issued. |
1. Client Situation and Facts
The client, a mid-30s Chinese-American, moved to Korea a few years ago on an F-4 (Overseas Korean Resident) visa to live with and care for his mother. While in Korea, the client married, had a child, and worked diligently as the head of his household. The incident in question arose when a customer requested that the client, a purchasing agent, include Korean cigarettes with the ordered items. Unaware that exporting cigarettes without a declaration was a violation of the Customs Act, the client complied and subsequently faced criminal charges. The client received a suspended prison sentence and a fine.
Recognizing the potential for a deportation order, the client accepted the court's ruling without appeal but sought Ma-Jung's help to avoid deportation. The client, having his family and livelihood based in Korea, aimed to remain in the country.
2. Case Issues and Resolution Process
Ma-Jung highlighted several mitigating factors during the immigration offense hearing to seek a lenient decision:
1) Minimal Financial Gain from the Violation
The client did not profit significantly from exporting the cigarettes, as the financial gain was minimal and limited to the transaction requested by the customer.
2) No Direct Harm to the State
Ma-Jung argued that, while the act violated customs regulations, the items involved were not prohibited for export, making the client's actions less severe compared to smuggling prohibited goods. Additionally, the violation did not result in unpaid customs duties or the distribution of harmful substances, which are typically treated more harshly.
3) Cooperation from the Early Stages of the Investigation
From the initial investigation by customs officials to the criminal trial, the client consistently admitted to the offense, provided necessary documentation, and cooperated fully. This cooperation was crucial, as the primary evidence had already been sent abroad, making the investigation challenging without the client's assistance.
Ma-Jung also referenced similar case precedents, emphasizing that deportation decisions should balance public and private interests, highlighting the client's right to family unity and the minimal public threat posed by his actions.
3. Case Outcome and Client Benefit
Thanks to Ma-Jung's thorough representation, the immigration offense hearing
resulted in a "severe warning" instead of a deportation order. This decision allowed the client to continue living in Korea with his family.
4. Significance of the Judgment (Explanation of the Disposition)
The client faced a challenging situation, having already received a prison sentence for violating the Customs Act. Achieving a lighter penalty than deportation was difficult. However, Ma-Jung’s extensive experience with foreign national cases and understanding of the intricacies of immigration law enabled them to secure a favorable outcome.
Foreign nationals facing similar issues are advised to seek professional assistance promptly. Ma-Jung’s dedicated team, including attorneys with experience in immigration offices, provides comprehensive support for various legal matters, ensuring that clients receive the best possible assistance.
