Christopher Landry, 46, returned to his home in Peterborough, NH, this week after a court vacated his decades-old marijuana-related convictions on July 24. Landry, a lawful permanent resident (also known as a “green card holder”), was stuck in Canada for nearly a month after being denied entry to the United States on July 6 due to old minor misdemeanor convictions.
Vacating the convictions means the original pleas were withdrawn, as they were taken in violation of Mr. Landry’s constitutional rights.
Attorney Ron Abramson, who represents Landry, says this was his client’s only path forward.
“While many U.S. citizens might pursue an annulment of criminal charges to negate the impact of a poor decision they made years ago, immigration law does not recognize such annulments. The age of the convictions and subsequent years of law-abiding behavior do not matter to immigration authorities. An individual must instead demonstrate that there was a defect in the original conviction — as we have shown in Mr. Landry’s case.”
The United States Supreme Court has held that defense counsel has a Sixth Amendment obligation to advise a non-citizen criminal defendant client as to the specific immigration consequences of a conviction, especially in the context of entering a plea. New Hampshire law requires that a person facing potential incarceration knowingly waive their right to counsel.
Landry, who has been a Lawful Permanent Resident of the United States since he was five years old, is relieved to be back in the country and says about his experience:
“During the past month, I faced a lot of fear and anxiety, unsure if I would be able to return to my family. The thought of being separated from my children for any longer was heartbreaking.
I want to express my sincere gratitude to everyone who stood by me during this time, especially my family, who remained patient and supportive. This ordeal has been a stark reminder of how much I cherish the time I have with my loved ones.
I look forward to embracing the next chapter of my life and focusing on being the best parent I can be. I ask for privacy as my family and I move forward. Thank you for understanding.”
Once he settles back in, Landry intends to pursue U.S. citizenship.
See prior coverage of this story by the Keene Sentinel:
- Peterborough man stuck in Canada
- Peterborough man back in US after being stuck in Canada
- Court vacates convictions keeping Peterborough man in Canada
