Canadian deportation: ICE= FAIL

#1
So.
My mother was a Canadian citizen that has been here for 24 years, and married to my father for 22 years.

She has 5 children and was half way through her immigration process and just stopped (which is her fault)

However,
She got arrested for a non-violent felony charge and they discovered her "in limbo" status and she is currently being held by ICE in Boston (moved all the way from Georgia)

She was brought there in August and told they could only hold her 90 days. Since she is married to a citizen and has children here so you'd think they couldn't deport her. That, and she has a social security number (I think it's just a 'temporary' one or some such thing...)

Well, 2 months into her detention they said they hadn't even started counting the 90 days because apparently most people simply opt to be deported and sneak back (let's be honest here)

She finally got a court date (last Thursday) and the judge. called. in. sick.:mad:
and they're doing nothing about it and now telling her that she has to wait till the next scheduled court date in 6 weeks, which is ridiculous.

We have a lawyer who is supposed to be handling it but I'm not sure he cares all that much or what the deal is- I didn't realize how much work that we had to do on our end and I'm a little overwhelmed.

The biggest issue is the charge. Apparently in some states immigrants must be warned that their plea can affect their immigration status in the United States, and she was never told such a thing. The lawyer believes that this could be a possible loop hole.

My father is an older, very disabled veteran, and to be honest he just isn't mentally competent to work along with the lawyer hence the reason I am taking up my mothers case to the best of my ability.

The only option we have is for the lawyer to meet with the prosecutor and agree that the case will be adjourned by the judge and that she will be released on humanitarian probation until she finishes her paperwork.

I am at my wits end and cannot believe how amazingly inept these people are.

Any comments or helpful tidbits would be very very very much appreciated. I was hoping to get her home by Christmas but it looks like that's not the case.

Stupid people.
 

Topeka6000

Registered Users (C)
#2
Considering your dad is a veteran, I'd contact my local congressman/woman and senators. Your mom does not deserve to go through this ordeal. I wish I could be of any more assistance, but going thru the normal process is an endless saga. Please do so first thing tomorrow morning. I would make a call and follow up the call with a fax, email, and if possible a personal visit. Maybe others can add more to my advice.
 
#3
He said he's already tried, but he's a little addled which is causing most of the problems- I don't know what has and hasn't been done. I'm going to try to get a hold of the lawyer via phone tomorrow. I'm sending him a packet of 10 character references from people that knew her... 5 months is an excessive amount of time for someone in her situation.

Thank you for your help and time :)
 

Topeka6000

Registered Users (C)
#5
Just mention that your dad is a vet and your mom is a Canadian citizen who is in detention for the last 2 months for some mere immigration formality - not for some aggravated felony or such. And if you want to go further, contact the local media. The reason I am so adamant on this issue is because no family of a vet should be in an immigration limbo for formality reasons. All things considered, I hope your lawyer has considered a bond hearing....
pls ck your inbox
 
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aosing

Registered Users (C)
#6
I have serious doubts as to whether contacting the congressman and especially the media is a good idea while the criminal case is pending. They can't deport her while it's pending anyway, and especially depending on the charge (what is this "nonviolent felony"?), the outcome of the criminal case may directly impact her immigration options. Judges do not take kindly to criminal defendants who try their cases before the media, and your congressman cannot, cannot, cannot and will not intervene in any way in a state criminal proceeding.

While you lambast (maybe rightfully, maybe not) the handling of your mother's criminal and immigration case, she herself was extremely stupid and naive for abandoning an easy immigration application two decades ago and leaving it hanging until she was charged with a felony, when she could be a citizen by now. If it's considered an aggravated felony she would be deported and barred for life even if she was an LPR, much less undocumented.

You need to be working with her lawyer first and foremost. If you think it is being mishandled or he is not competent given the immigration consequences then hire a new one if you can afford it. Rushing to your congressman or the media while she's accused of a felony is not likely to make her problems go away.

Edit: You didn't make the posture of her criminal case clear when you state she was arrested for a nonviolent felony and a court date was set. Is the court date for her criminal or immigration case? What exactly were the charges and what's the status of them? If the criminal case is pending then the immigration case should be stayed until the criminal justice system no longer has jurisdiction over her.
 
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So_Special

Registered Users (C)
#7
I have to agree that you need to provide clearer information so you can receive the appropriate assistance.

What was the crime she committed that got her arrested?
Whats the status of the criminal case?

I find it very strange that immigration has already detained her while the criminal case is pending. Was she out on bail on the state charge? Something doesnt make sense.
 
#10
LOL you are funny guy !-I'm collecting your posts - when I'm depresed I read them again - but tell me how old are you ??? 12-13 YEARS OLD A? DOES YOUR MOTHER KNOW YOU ARE LEAVING STUPID COMMENTS ON THE INTERNET FORUMS INSTEAD OF GOING TO SCHOOL ?-''JUSTICE IS BLIND ''-HOOHOOHHHHAHAAHHAAH
 

ImmGuru35

Registered Users (C)
#11
I have serious doubts as to whether contacting the congressman and especially the media is a good idea while the criminal case is pending. They can't deport her while it's pending anyway, and especially depending on the charge (what is this "nonviolent felony"?), the outcome of the criminal case may directly impact her immigration options. Judges do not take kindly to criminal defendants who try their cases before the media, and your congressman cannot, cannot, cannot and will not intervene in any way in a state criminal proceeding.

While you lambast (maybe rightfully, maybe not) the handling of your mother's criminal and immigration case, she herself was extremely stupid and naive for abandoning an easy immigration application two decades ago and leaving it hanging until she was charged with a felony, when she could be a citizen by now. If it's considered an aggravated felony she would be deported and barred for life even if she was an LPR, much less undocumented.

You need to be working with her lawyer first and foremost. If you think it is being mishandled or he is not competent given the immigration consequences then hire a new one if you can afford it. Rushing to your congressman or the media while she's accused of a felony is not likely to make her problems go away.

Edit: You didn't make the posture of her criminal case clear when you state she was arrested for a nonviolent felony and a court date was set. Is the court date for her criminal or immigration case? What exactly were the charges and what's the status of them? If the criminal case is pending then the immigration case should be stayed until the criminal justice system no longer has jurisdiction over her.

Sir or Ma'am,
While I agree with most of your posting. The part about ICE not being able to deport her while her criminal case is pending is absolutely false. In fact the way ICE operates is when someone is arrested that person is interviewed. If the agent discovers through the interview and a series of records checks that the person is here unlawfully then the agent places an immigration hold on that person. Immigration only takes custody of that person when the local authorities release them. The local authorities may give that person a court date but that has zero bearing on the immigration case. This is standard operating procedure on DUI cases. The subject is turned over to ICE while criminal case is still pending. The subject is then removed via a deportation or voluntary return to their country of citizenship.
 
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