TheRealCanadian
Volunteer Moderator
It's still theft, whether is ten cents or a thousand dollars. And I would still consult with an immigration attorney before accepting any sort of plea bargain.
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Help help help !!
- Thread starter freddy22
- Start date
It's still theft, whether is ten cents or a thousand dollars. And I would still consult with an immigration attorney before accepting any sort of plea bargain.
This whole thread is amazing!!!!
It went from "wrong place at the wrong time" - to a "lookout" - to freddy22 using semantics to justify the amount of the theft. Don't act like your kid is an angel. Face facts - he effed up and now you need to figure out the best course of action. Does he understand the ramifications of all of this?
You absolutely need an immigration lawyer before you accept any plea bargain.
It went from "wrong place at the wrong time" - to a "lookout" - to freddy22 using semantics to justify the amount of the theft. Don't act like your kid is an angel. Face facts - he effed up and now you need to figure out the best course of action. Does he understand the ramifications of all of this?
You absolutely need an immigration lawyer before you accept any plea bargain.
dafortycal
Registered Users (C)
You bet your ass it is...
is stealing a snow mobile a crime of immoral turpitude?
Hardly eh?
dafortycal
Registered Users (C)
Nope...
Since it is within the 5 year mark, if convicted of a crime of theft that brings a possible sentence of a year or more, then he is deportable. If it is his only CIMT.
If he gets convicted of two CIMT's as a LPR, at any time ,he is deportable no matter what the sentences are.
Since it is within the 5 year mark, if convicted of a crime of theft that brings a possible sentence of a year or more, then he is deportable. If it is his only CIMT.
If he gets convicted of two CIMT's as a LPR, at any time ,he is deportable no matter what the sentences are.
but if the charge was reduced to a misdemeaner then the moral turpitude is gone right?
Update
UPDATE;
My son is in custody and I am bonding him out this week;
ICE charged him deportable as a Aggrevated Felon becuase ;
He had a PETTY LARCENY in 2009 (misdemeanor) - orginal sentance to 60 days weekend intermittent jail and 3 years probation;
He violated probation and was given a year of weekends by the judge;
Now ICE are charging him as a AF saying he is deportable because his record shows 365 sentance for the petty larceny!!!
I an others disagree and that 'a year of weekends' is NOT a sentance of a year or a suspended year;
Any case files or history anyone - your answers are welcomed!
UPDATE;
My son is in custody and I am bonding him out this week;
ICE charged him deportable as a Aggrevated Felon becuase ;
He had a PETTY LARCENY in 2009 (misdemeanor) - orginal sentance to 60 days weekend intermittent jail and 3 years probation;
He violated probation and was given a year of weekends by the judge;
Now ICE are charging him as a AF saying he is deportable because his record shows 365 sentance for the petty larceny!!!
I an others disagree and that 'a year of weekends' is NOT a sentance of a year or a suspended year;
Any case files or history anyone - your answers are welcomed!
Furthermore
I have found out that a CIMT committed within the first 5 years means ENTRY into the USA and NOT a change of status ;
My son entered in 2000;
CIMT committed in 2009 - after the 5 year window;
I can prove this in the case here;
http://law.justia.com/cases/federal/appellate-courts/F3/450/578/531348/
Because the date on which Shanu adjusted status does not qualify as "the date of admission" under § 1227(a)(2)(A)(i), we need not reach Shanu's contention that the BIA erred in determining that any potential date of admission qualifies as "the date of admission." Likewise, our conclusion that Shanu is not removable under § 1227(a)(2)(A)(i) renders moot his claim regarding his application for cancellation of removal.
I have found out that a CIMT committed within the first 5 years means ENTRY into the USA and NOT a change of status ;
My son entered in 2000;
CIMT committed in 2009 - after the 5 year window;
I can prove this in the case here;
http://law.justia.com/cases/federal/appellate-courts/F3/450/578/531348/
Because the date on which Shanu adjusted status does not qualify as "the date of admission" under § 1227(a)(2)(A)(i), we need not reach Shanu's contention that the BIA erred in determining that any potential date of admission qualifies as "the date of admission." Likewise, our conclusion that Shanu is not removable under § 1227(a)(2)(A)(i) renders moot his claim regarding his application for cancellation of removal.
info
BUT any sentance to imprisonment of 365 days or MORE even a misdemeanoer petty larceny in NY is deemed a Aggrevated felony in Immigration law;
THUS this is why they presume he is classified as this - ALTHOUGH the sentance he received was 3 years probation and 60 days of wekends(remember the max for petty larceny in NY is 'up to 1 year') THEN he violated probation and was given as the judge said 'a year of weekends' = thus ICE are saying he is now calssed under THEIR immigration law as a Aggrevated felon as he received a sentance of 1 year on the probation violation EVEN though I told them it is NOT a sentance of a year but only weekends - 96 days is the max you can serve on this sentance of weekends WHEREAS IF the judge had said 1 year in jail OR had said a years suspended then THAT is a years sentance for immigration AF classification;
I can find no case files in NY or anywhere that adress the weekend-intermittant jail issue we have here;
If we go by rule of thumb we would count the 60 days weekends added to the year of weekends to equal 1 year and 60 days which s a error as the MAX sentance for petty larceny is up to a year so therefore the judge errored;
BUT any sentance to imprisonment of 365 days or MORE even a misdemeanoer petty larceny in NY is deemed a Aggrevated felony in Immigration law;
THUS this is why they presume he is classified as this - ALTHOUGH the sentance he received was 3 years probation and 60 days of wekends(remember the max for petty larceny in NY is 'up to 1 year') THEN he violated probation and was given as the judge said 'a year of weekends' = thus ICE are saying he is now calssed under THEIR immigration law as a Aggrevated felon as he received a sentance of 1 year on the probation violation EVEN though I told them it is NOT a sentance of a year but only weekends - 96 days is the max you can serve on this sentance of weekends WHEREAS IF the judge had said 1 year in jail OR had said a years suspended then THAT is a years sentance for immigration AF classification;
I can find no case files in NY or anywhere that adress the weekend-intermittant jail issue we have here;
If we go by rule of thumb we would count the 60 days weekends added to the year of weekends to equal 1 year and 60 days which s a error as the MAX sentance for petty larceny is up to a year so therefore the judge errored;
Is see your dilemma. I'm sure this is very frustrating for you. As the parent of a son that messed up greatly from 2006 to the summer of 2010 (things have been on a good track now), my heart goes out to you.
Do you know how long you have to appeal all of this? What happened when you tried to reason with them and explain t was 60 days spread over a year?
How did they pick him up? Through the weekend jail system?
Do you know how long you have to appeal all of this? What happened when you tried to reason with them and explain t was 60 days spread over a year?
How did they pick him up? Through the weekend jail system?
I think you misundestood;
He ORIGINALLY in 2009 (9 years after entering legally) committed the petty larceny and was FIRST sentanced to 3 years probation and 60 days of weekends;
He THEN violated probation and was taken back to court and told to do ANOTHER 'year of weekends' for the VOP;
NOW after ICE saw the 365 days (although it is weekends for a year and NOT a years sentance) they are saying he is now a AGGREVATED FELON as hs sentance for petty larceny is 1 year;
(I contend it is not)
He ORIGINALLY in 2009 (9 years after entering legally) committed the petty larceny and was FIRST sentanced to 3 years probation and 60 days of weekends;
He THEN violated probation and was taken back to court and told to do ANOTHER 'year of weekends' for the VOP;
NOW after ICE saw the 365 days (although it is weekends for a year and NOT a years sentance) they are saying he is now a AGGREVATED FELON as hs sentance for petty larceny is 1 year;
(I contend it is not)
I understand now. And I think you and I are in agreement on the same thing - it is still not a one year sentence - it a year of weekends.
You will need some legal help on this one as you will need to try and get someone to understand your reasoning (which BTW I agree with) but it's trying to get ICE to understand. You may need a lawyer to cite something in the law as to what constitutes a year versus a year of weekends.
BTW.....has your son straightened out yet? I understand the incredible stress this puts on you.
You will need some legal help on this one as you will need to try and get someone to understand your reasoning (which BTW I agree with) but it's trying to get ICE to understand. You may need a lawyer to cite something in the law as to what constitutes a year versus a year of weekends.
BTW.....has your son straightened out yet? I understand the incredible stress this puts on you.
[...]
He ORIGINALLY in 2009 (9 years after entering legally) committed the petty larceny and was FIRST sentanced to 3 years probation and 60 days of weekends;
He THEN violated probation and was taken back to court and told to do ANOTHER 'year of weekends' for the VOP;[...]
Could it be that this is not about the question whether or not he got more than a year, but about the fact that he now has TWO convictions?
Wd