Question about removal from the US

H

hannash

Registered Users (C)
Hi there,

I have a nephew who is 22 years old who was caught with a possession of stolen goods and jailed for 10 month and 11 days. He was released today from jail but was picked up by the INS.

My question is what is going to happen for him right now and if there is something we can do to help. As I know unless he is been in jail over a year a deportation can be carried along.

Please advise,

Regards,
 
Guess again.... If he is illegally here, ít doesn't matter if he was convicted of a crime or not, he is still illegal. Now, lets assume, that he was legally here and has a green card. Possession of stolen goods is a CIMT, if he COULD have received a sentence of one year or more within 5 years of admission he is deportable. After 5 years, two CIMT'S regardless on sentence is enough to deport him. He also might be considered a agg.felon!

About the only thing you can do is pay his bond so he can get out of jail until his court date, and tell his Mother and Father they needed to do a better job raising him. What other crimes has he been convicted of?


hannash said:
Hi there,

I have a nephew who is 22 years old who was caught with a possession of stolen goods and jailed for 10 month and 11 days. He was released today from jail but was picked up by the INS.

My question is what is going to happen for him right now and if there is something we can do to help. As I know unless he is been in jail over a year a deportation can be carried along.

Please advise,

Regards,
Click to expand...
 
Last edited by a moderator:
dafortycal said:
Guess again.... If he is illegally here, ít doesn't matter if he was convicted of a crime or not, he is still illegal. Now, lets assume, that he was legally here and has a green card. Possession of stolen goods is a CIMT, if he COULD have received a sentence of one year or more within 5 years of admission he is deportable. After 5 years, two CIMT'S regardless on sentence is enough to deport him. He also might be considered a agg.felon!

About the only thing you can do is pay his bond so he can get out of jail until his court date, and tell his Mother and Father they needed to do a better job raising him. What other crimes has he been convicted of?
Click to expand...

X2. Very accurate information. Since OP's brother was not incarcerated for 365 days or more, less likely he'll be deported. INS can not stick the aggravated felony tag on him. But like dafortycal stated that i this is his second CIMT, he is vulnerable to deportation.
 
1st, he is legally here so the if he is not legally here is out of the question. 2nd, there is one felony against him only and he was jailed for less than a year. Now I understand with the INS nobody knows what their reaction and that is why we ask to anticipate the worst.

Dafortycal, If his dad wasn't in Iraq with the army, this will never happened. I quess you have not met stupid teens who think they have grown up.

Regards,
 
Last edited by a moderator:
What we have her is a failure to understand. Depending on the crime, a 1 years sentence is not required, if it is a felony under federal law. What was his crime? A felony conviction for a theft related crime makes him deportable.

G THEFT, BURGLARY, OR LARCENY OFFENSES CONVICTION of a felony, AND AT LEAST a ONE year sentence of incarceration-*

You claim that he didn't serve one year, but what was the sentence? If it was 01-year to 01-year and he was let out early, it doesn't matter. It is all about the sentencing order, not the time served.

Lets assume that he has had a green card for 6 years, you said that he was in jail for almost 1 year. Now, the number is 5 years, lets assume that it took 6 months to convict him. He is now at 4.5 years, he is now deportable for a CIMT. You have to look at the date the incident happened, not the conviction date.

hannash said:
1st, he is legally here so the if he is not legally here is out of the question. 2nd, there is one felony against him only and he was jailed for less than a year. Now I understand with the INS nobody knows what their reaction and that is why we ask to anticipate the worst.

Dafortycal, If his dad wasn't in Iraq with the army, this will never happened. I quess you have not met stupid teens who think they have grown up.

Regards,
Click to expand...
 
Last edited by a moderator:
Dafortycal I have a question for you. WHO ARE YOU . It Seems Like you were deported from this country several times. And you post expert comments. I am very curious to know your background and how you gathered all this insights to advise people on board for every thread. Either you are an Attorney man or just got into every single crime we encounter. Or have nothing to do just gain cheap popularity bcoz your wife ignores you everynight.
 
Once upon a time, I was the guy who name appeared on a immigration detainer, and I'm not talking about the top of the page.

TagoKumar said:
Dafortycal I have a question for you. WHO ARE YOU . It Seems Like you were deported from this country several times. And you post expert comments. I am very curious to know your background and how you gathered all this insights to advise people on board for every thread. Either you are an Attorney man or just got into every single crime we encounter. Or have nothing to do just gain cheap popularity bcoz your wife ignores you everynight.
Click to expand...
 
You must log in or register to reply here.
Top