Family Law

• Child Abuse
  I hired Brian along with other friends to defend a man wrongly imprisoned for five years in a complex criminal case where the accusers were trying to avoid deportation by claiming child abuse. The first trial ended with a hung jury, the second trial resulted in conviction. Both of these were handled by public defenders with juries. We hired Brian to appeal the conviction which was successful. The third trial in April 2016, without a jury, was skillfully...

Criminal Law

• Criminal Defense
  Brian Patrick Conry is among a limited group of attorneys nationwide who routinely practice in both the criminal defense arena as well as in the deportation defense courtrooms. Brian's work has included litigation before the...
• Traffic Violations
  Police Traffic Stop Case - State of Oregon v. Mario Arreola-Botello: During traffic stops, an officer may only ask investigatory inquiries that are directly related to the traffic violation. The officer may ask for drivers license, registration, proof of insurance, and questions directly related to the traffic stop.
• Sex Crimes
  Oregon's Measure 11 statute mandates severe minimum prison sentences for violent crimes and sex offenses. Accusations that involve assault, robbery, sexual abuse and murder put freedoms and futures at risk. For non-U.S. citizens and foreign nationals, convictions on "aggravated" felony charges lead to the mandatory minimum of banishment.
• Robbery
  The 9th circuit decided on January 20th, 2020, that Oregon Robbery in the Third Degree under ORS 164395 where Mr. Lopez Aguilar was sentenced to thirteen months in prison was not an aggravated felony because it is not a categorical theft offense under INA101(A)43(G). The court concluded that Mr. Lopez Aguilar was not removable and reversed decisions by the Immigration Judge as well as by the Board of Immigration Appeals. Mr. Lopez Aguilar had been ordered removed to Guatemala and the court held that the Oregon Robbery Statute is over broad because its "greater breath is evident from its text". The statute is held to be indivisible. Decision attached. We will be supplementing the website with recent positive court cases on an ongoing bases.
• Burglary
  PCR grant in Oregon where the PCR judge made factual findings that make the likelihood of the PCR grant being upheld on an appeal, should the state appeal, almost ironclad. Also, underlying the case is Oregon accomplice liability law which requires in the context of an enhanced Burglary sentence, that threats to the victim be made personally by the defendant and not by an accomplice.
• Theft
• Misdemeanors
  Appeal sustained by BIA of adjustment of status of legal permanent resident convicted of an aggravated felony, attempted sexual abuse in the first degree. Conviction within the petty offense exception, after C felony reduced to a misdemeanor in Circuit court's discretion under Oregon law.
• Drug Crimes
  Non-U.S. residents and foreign nationals who have been convicted of drug possession or trafficking may face deportation from the country. For many, deportation seems to be the only outcome.
• Assault
• Murder
  Brian Conry handled the murder case on appeal. The Oregon Supreme Court decided the judgment of the Court of Appeals is reversed. The judgment of the circuit court is reversed, and the case is remanded to the circuit court for further proceedings. The evidence against Salas-Juarez was not overwhelming and there was evidence in the record to support Salas-Juarez's theory that Russell was the actual perpetrator of the murder, and, for those reasons, evidence of Russell's statement might have tipped the balance toward reasonable doubt as to defendant's guilt. Russell's statement about "slashing" the man at the bar was relevant to show Russell's angry and violence-prone state of mind just prior to the brawl and was admissible under OEC404(3). Opinion
• Identity Theft
  Client previously convicted of one count of Felony Attempted Theft, Six counts of Forgery and three counts of Identity Theft which were outside of the five-year period preceding the date of the filing his application for naturalization, was granted naturalization. Applicant, for the five years immediately preceding the date of filing his application for naturalization has been, and still is, a person of good moral character.
• Homicide
  Brian Patrick Conry provides skilled legal advocacy for foreign nationals and noncitizens facing potential deportation due to pending criminal charges and/or due to criminal charges that have already resulted in conviction. From harassment to homicide, Mr. Conry represents clients in Oregon and Washington on the full range of felony or misdemeanor charges, including but not limited to those that could lead to deportation.
• Forgery
• Kidnapping
  A client with a criminal record and prior deportation orders is granted Convention against Torture relief from deportation. Respondent was a victim of kidnapping in Mexico. Police had a role in his kidnapping and the threats of death he received from the Transnational Criminal Organization after he escaped his kidnappers.
• Hit and Run
  Legal permanent resident (LPR) since 2002 was charged as an arriving alien who is inadmissible based on his conviction for a crime involving moral turpitude (CIMT): Assault IV and Strangulation constituting domestic violence. Counsel filed a motion to terminate proceedings for client because his convictions stem from the same incident and the assault conviction is not a CIMT; therefore he is eligible for the petty offense exception. The Immigration court denied client's motion to terminate proceedings because the LPR "had more than one crime (failure to perform duties of a driver)." A motion to reconsider the decision was filed because the failure to perform duties of a driver (hit and run) is neither an inadmissible nor a deportable conviction, nor is it a CIMT. The court granted the motion to reconsider and terminated proceedings against the LPR.

Immigration Law

• Citizenship and Naturalization
• Green Cards
• Family Visas
  The State's subpoena of immigration counsel of immigration records led to discovery on the first day of a seven day trial of a granted vawa application by complainant's mother who had testified she had obtained her papers through family visa processing because her US citizenship child was under seven years of age. That false claim was unchallenged in the first two trials and was repeated at this third trial. Her testimony was clear perjury.