When will he/she be picked up by ICE?

[pareg]

If a person is convicted of a crime constituting Aggravated Felony (hence making him deportable), but given only probation (no jail time, as he is a first time offender),
When will he be picked by the ICE?

Is it
1.immediately after sentencing, from the court room or
2.From the Probation office when he first goes to meet the Probation officer or
3.From his Home/work place or
4.Does he need to voluntarily surrender at the ICE office.

If he wants to leave the country on his own without going through the process of deportation (and hence mandatory detention), is it possible.

[But as far as I know, a person convicted of aggravated felony will not be given a chance for voluntary deportation; he has to be placed under mandatory detention before being deported.]

Any advice is greatly appreciated.

 

[dafortycal]

It depends... They might never find out about his crime or they might wait until his first or meeting with his probation officers. There is nothing stopping him from leaving the USA.

 

[jackwabbit703]

If a person is convicted of a crime constituting Aggravated Felony (hence making him deportable), but given only probation (no jail time, as he is a first time offender),
When will he be picked by the ICE?

Is it
1.immediately after sentencing, from the court room or
2.From the Probation office when he first goes to meet the Probation officer or
3.From his Home/work place or
4.Does he need to voluntarily surrender at the ICE office.

If he wants to leave the country on his own without going through the process of deportation (and hence mandatory detention), is it possible.

[But as far as I know, a person convicted of aggravated felony will not be given a chance for voluntary deportation; he has to be placed under mandatory detention before being deported.]

Any advice is greatly appreciated.

First of all, what was the crime? Also, how long was the probation? If it's post IIRIRA, it has to actual incarceration (St.Cyr vs INS) where person is actually locked up for 5 years to be defined aggravated felony. Post IIRIRA, even probations are considered as "actual" sentencing so 1 year probation will fall into aggrevated felony category.

 

[dafortycal]

No No and Hell No! You do not need a 5 year sentence to be a Agg.Felony, a Misdeameaor conviction for sexual assault on a child will do the job, since it is a felony under federal law. A 1 years sentence is enough in most cases. I do believe that probation is not enough to make someone a Agg.Felon, but it certainly would qualify their conviction as a CIMT. Processing as a Agg.Felony comes in very handy when the person is illegally in the United States and wasn't inspected, ICE can order him removed with no right to see a immigration judge.

First of all, what was the crime? Also, how long was the probation? If it's post IIRIRA, it has to actual incarceration (St.Cyr vs INS) where person is actually locked up for 5 years to be defined aggravated felony. Post IIRIRA, even probations are considered as "actual" sentencing so 1 year probation will fall into aggrevated felony category.

 

[TagoKumar]

Dafortycal I have a question for you. WHO ARE YOU Are you a Criminal who encountered every crime we do may have done mistakenly . 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.

 

[James Mills]

Dafortycal I have a question for you. WHO ARE YOU Are you a Criminal who encountered every crime we do may have done mistakenly . 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.

Don't know who he is but in this case he s right. The sentence does not have to be 5 years to be an agg fel and some crimes can be agg fels under immigration law even if a misdemeanor in state law.

Jim