will face immigration Judge, any chance for me?? Please Help

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niceperson

Registered Users (C)
Thanks for this website, I know there are lot of experienced persons who are good at immigration issues, Hope I can get some help from you guys, I am new here, so please help me , thank you

I had convicted twice for Misdemeanor Charge of 647(b) on 2006, now its affected my Green Card, on Aug 14th 2008, when I was back from aboard , I applied for admission as a Returning Legal Permanent Resident of
the United States at Miami International Airport, but my Green Card took away by Immigration Officer at airport due to my 2006 conviction , So they issue me the Notice To Appear, since back there in FL , they don't have all conviction document, they forward my case to CA, then LA deferred Inspection officer had all court papers in file, today I went to Deferred Inspection office in LA ( I live in California ), the Inspection offers view my files, then he told me, they can not give me back my green card, so I must face the immigration judge, which they will send me letter to let me know when

I had read lot of information of immigration court, my master hearing will be in next few month, I only live in USA for less 4 years, so I am not eligiibilty for any cancellation, or wavier, only way is now request for asylum and voluntary departure when I face the judge

then I interviewed some immigration lawyer, most of them told me if I can Do Post Conviction Relief one of my Case, then I might have some chance

but now I had been charged section 212(a)(2)(A)(i) of the immigration and nationality Act

any chance when I am in Immigration Court?
 
First of all "647(b)"is meanless to everyone, who doesn't have a penal code book from California in front of them. You really can't claim asylum since you didn't claim it before, asylum isn't meant for LPR's, you would have had to claim it within the first year of a illegal entry. Your best bet would be creditable fear, but that it very hard to prove since you are only bring it up after they took your card away, and you really can't say that you're afraid to go back to someplace you visited as a LPR.

Lets face it, you commited two acts of CIMT, you pretty much screwed yourself, or in your case you allowed people to screw you :). 1 within 5 years was enough to take your card. In your case you're a "whore.." Sorry folks, I'm not calling anyone names, that is what 647(b) is for :

You really don't need a attorney, the judge will point out any forms of reflief that you can apply for. You can ask for the V\D, but you would still face a unofficial 5 year ban from returning as a tourist. Save your money and us it to setup your new life back in your own country. I'm really surprised, with 2 CIMT convictions, you should not have been released to the street. You should be in ICE custody, but you were encountered by CBP instead.
 
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dafortycal why are you always so nasty? people come here for help and you go out of your way to make them uncomfortable :(
 
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thank you so much for your reply dear dafortycal, I know you used work for INS before, and you had married to the GC holder, I know you are very experienced person here, I had read all of your post,thanks for this information

I went to court room while ago, to view all documents, I found it out I was let people to screw me, that is true, at that time I did not have any lawyer, also my English was very bad, I did not have any interpreter and I did not understand PD ( public defender) 's English at all, but I did see from the document, I have all signature for my Misdemeanor plea guilty form, that was so bad for me, at that time, I did not know any thing of this convictions will affect the consequence of my green Card

I had 10 years green card on 2005 , I was married An American guy before I came to the States, we married in my home country, I love him so much, but after he returned to the States, he was different person, and I found it out he was in drugs and drinks, so we divorced in another States, then I moved to California on 2006, at that time I have no one help me , then I was working in Escort Agency, then the undercover cop bust all agency, anyway, I know I had make the mistake and I am a new person now

I was baptised as Christian after my convictions, I often go to church, and help the people who needs

But last year all of my life change, after I went back from aboard , now I am going to face immigration judge

hey, dear dafortycal I am wondering why I can not claim as asylum? I came to the States with K3 Visa on 2004, I am a Christian now, I am very active in church, and if I deport back to China ( i was from China) , Chinese government will do some bad to me since I am a Christian and also all of my family members are gone due to last year may earth Quake, I know its hard for me now , I really don't know how can I do??

I was told by Criminal lawyer, he told me if I can get one of my conviction relief, I might have chance in the immigration court ask for relief , I am not eligiibilty for any cancellation, or wavier and any form, I know I have only chance to leave country my self, the fear things for me, I did not have any family and I am afraid that the Chinese government will do something to me sine I am a Christian

Any suggestion here?? thank you so much for reading my post,thanks defortyca, I know you are a sharp person here on this board, this is a very good board I real most of postings, thanks again
 
envision said:
dafortycal why are you always so nasty? people come here for help and you go out of your way to make them uncomfortable :(
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I know. he might tell the truth, I come here for help , yes, I was so depressed for this happened on me, I lost lot of hairs , and I don't have any family here and back to China also ( I never heard from them after 2008 May big earthquake)

thank you envision to reply my post
 
I don't believe the Chinese government cares if you're a Christian or not, but I'm not a expert on China. If you are going to claim fear, you better have proof of what China does to Christans. You can try it, but if you wer encountered coming back from a trip to China that isn't going to look so good.

A immigration judge might grant your relief, especially if you are in Northern California. There are many types of judges, some will do whatever they can to allow you to stay even if it means violating that immigration statutes. Since you did not commit a agg.felony, you might stand a chance.

If you didn't understand what was happening in criminal court at the time you pled guilty then tell the immigration judge that, if the criminal courts failed to warn you about the effect of a guilty plea would have on your immigration status then tell the judge that. When you do see a judge, I would suggest that you have as many friends and family at your hearing as possible, to say what a good person you are, or at least have letters from them.


niceperson said:
thank you so much for your reply dear dafortycal, I know you used work for INS before, and you had married to the GC holder, I know you are very experienced person here, I had read all of your post,thanks for this information

I went to court room while ago, to view all documents, I found it out I was let people to screw me, that is true, at that time I did not have any lawyer, also my English was very bad, I did not have any interpreter and I did not understand PD ( public defender) 's English at all, but I did see from the document, I have all signature for my Misdemeanor plea guilty form, that was so bad for me, at that time, I did not know any thing of this convictions will affect the consequence of my green Card

I had 10 years green card on 2005 , I was married An American guy before I came to the States, we married in my home country, I love him so much, but after he returned to the States, he was different person, and I found it out he was in drugs and drinks, so we divorced in another States, then I moved to California on 2006, at that time I have no one help me , then I was working in Escort Agency, then the undercover cop bust all agency, anyway, I know I had make the mistake and I am a new person now

I was baptised as Christian after my convictions, I often go to church, and help the people who needs

But last year all of my life change, after I went back from aboard , now I am going to face immigration judge

hey, dear dafortycal I am wondering why I can not claim as asylum? I came to the States with K3 Visa on 2004, I am a Christian now, I am very active in church, and if I deport back to China ( i was from China) , Chinese government will do some bad to me since I am a Christian and also all of my family members are gone due to last year may earth Quake, I know its hard for me now , I really don't know how can I do??

I was told by Criminal lawyer, he told me if I can get one of my conviction relief, I might have chance in the immigration court ask for relief , I am not eligiibilty for any cancellation, or wavier and any form, I know I have only chance to leave country my self, the fear things for me, I did not have any family and I am afraid that the Chinese government will do something to me sine I am a Christian

Any suggestion here?? thank you so much for reading my post,thanks defortyca, I know you are a sharp person here on this board, this is a very good board I real most of postings, thanks again
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thank you so much for the information, I am in Southern California, in LA areas, So I am going to see the IJ in next few month, time not set yet

The Immigration lawyer told me, I have one chance also for totally vacate my first conviction , that is called Post Conviction Relief, which penal code is 1016.5, it is not the Expungement of criminal records( penal code 1203.4)

So now I am looking for the criminal lawyer for help me doing the Post Conviction Relief

here are some information from Law library I got


1016.5. (a) Prior to acceptance of a plea of guilty or nolo
contendere to any offense punishable as a crime under state law,
except offenses designated as infractions under state law, the court
shall administer the following advisement on the record to the
defendant:
If you are not a citizen, you are hereby advised that conviction
of the offense for which you have been charged may have the
consequences of deportation, exclusion from admission to the United
States, or denial of naturalization pursuant to the laws of the
United States.
(b) Upon request, the court shall allow the defendant additional
time to consider the appropriateness of the plea in light of the
advisement as described in this section. If, after January 1, 1978,
the court fails to advise the defendant as required by this section
and the defendant shows that conviction of the offense to which
defendant pleaded guilty or nolo contendere may have the consequences
for the defendant of deportation, exclusion from admission to the
United States, or denial of naturalization pursuant to the laws of
the United States, the court, on defendant's motion, shall vacate the
judgment and permit the defendant to withdraw the plea of guilty or
nolo contendere, and enter a plea of not guilty. Absent a record
that the court provided the advisement required by this section, the
defendant shall be presumed not to have received the required
advisement.
(c) With respect to pleas accepted prior to January 1, 1978, it is
not the intent of the Legislature that a court's failure to provide
the advisement required by subdivision (a) of Section 1016.5 should
require the vacation of judgment and withdrawal of the plea or
constitute grounds for finding a prior conviction invalid. Nothing
in this section, however, shall be deemed to inhibit a court, in the
sound exercise of its discretion, from vacating a judgment and
permitting a defendant to withdraw a plea.
(d) The Legislature finds and declares that in many instances
involving an individual who is not a citizen of the United States
charged with an offense punishable as a crime under state law, a plea
of guilty or nolo contendere is entered without the defendant
knowing that a conviction of such offense is grounds for deportation,
exclusion from admission to the United States, or denial of
naturalization pursuant to the laws of the United States. Therefore,
it is the intent of the Legislature in enacting this section to
promote fairness to such accused individuals by requiring in such
cases that acceptance of a guilty plea or plea of nolo contendere be
preceded by an appropriate warning of the special consequences for
such a defendant which may result from the plea. It is also the
intent of the Legislature that the court in such cases shall grant
the defendant a reasonable amount of time to negotiate with the
prosecuting agency in the event the defendant or the defendant's
counsel was unaware of the possibility of deportation, exclusion from
admission to the United States, or denial of naturalization as a
result of conviction. It is further the intent of the Legislature
that at the time of the plea no defendant shall be required to
disclose his or her legal status to the court.


more than 3 years ago, I did not have lawyer and I only have PD, I did not speak good English and I did not have interpreter, so I did not told all those consequence if I plea guilty

So Now I hope I can have chance to petition for vacant my first crime

Thank you for you guys help and have a nice weekend
 
I'm assuming that you were traveling on a Chinese passport. If so, you might try claiming that the Mandatory Consular Notifications were not made at the time of your being "detained" by immigration officials. It is a longshot, since the government could agrue that you were not really "detained" when you were encountered at the airport, but you were only processed. You could agrue that you were not free to go, therefore, you were detained by the CBP. Were you served a I-200? That would be a warrant of arrest... It might not have been required, but if they did one, then it might help prove that you were under arrest and they violated your rights by not contacting the chinese government.

I've never seen this subject come up in immigration court, so I have no idea what effect it has on a case.
 
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Having never worked at a airport, I'm not sure if you were charged under the right section of law. Since you had a green card, maybe you should have been charged under 237, and not as a 212?

If you had two prostitution convictions, and 212 is the correct section of law, then you should have been charged with 212(a)(2)(D)(i), and not (A)(2)(A)(i). Were these convictions for something that happened the same day? If so, they might only be able to use one of them against you. The government really only needs to prove one. Were these infractions or misdemeanors? If it was a infraction, they might have a problem using it as a CIMT.

I'm almost convinced that you should have been charged under 237, maybe a smart Attorney could get the courts to terminate the case based on that, but the government could refil using the proper charge. By chance, did they happen to keep your passport?
 
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dafortycal said:
Having never worked at a airport, I'm not sure if you were charged under the right section of law. Since you had a green card, maybe you should have been charged under 237, and not as a 212?

If you had two prostitution convictions, and 212 is the correct section of law, then you should have been charged with 212(a)(2)(D)(i), and not (A)(2)(A)(i). Were these convictions for something that happened the same day? If so, they might only be able to use one of them against you. The government really only needs to prove one. Were these infractions or misdemeanors? If it was a infraction, they might have a problem using it as a CIMT.

I'm almost convinced that you should have been charged under 237, maybe a smart Attorney could get the courts to terminate the case based on that, but the government could refil using the proper charge. By chance, did they happen to keep your passport?
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No, he was charged under the correct section. Section 237 is removability, his problem is inadmissiblilty. The crimes make him an arriving alien and 2 CIMTs make him inadmissible. He is not removable under 237, but he is inadmissible under 212. Had he sought the advice of an immigration attorney prior to the criminal trials (most criminal attorneys know nothing of immigration law and a deal that is good for a US Citizen may be catastrophic for a non-citizen.

You are right that he could have been detained without bond as a criminal arriving alien under the mandatory detention regulations.

Yes, there may be some hope with post conviction relief but if you try to do this without an immigration attorney you might as well just pack your bags. You need to move fast too since I have never seen an Immigration Judge who will continue a case while post conviction relief is sought.

Jim Mills
 
Since she is in California and on a non-detained docket, I'm guessing her case will not be heard for at least a year. If she asks for more time to get a lawyer, she might get another 6 months, depending on the courts.

I had a alien get a deportable firearms violation conviction changed to non-deportable disorderly conduct conviction in less than 72 hrs., but that took a very good attorney.
 
Looks like it might be a 212 charge...

Section 101(a)(13)(C) provides that an LPR seeking admission to the U.S. is not an applicant for admission unless the alien: (i) has abandoned or relinquished that status; (ii) has been absent for more than 180 days; (iii) has engaged in illegal activity after leaving the U.S.; (iv) left the U.S. while in removal proceedings; (v) has committed certain offenses in the U.S.; or (vi) is attempting to enter other than at a port of entry or has not been admitted to the U.S. after inspection and authorization.
 
They only took away my 10 years green card, I kept my passport, by the way, what is Mandatory Consular Notifications ? I am sorry , my English is not my mother language, I was kept in Miaimi international airport for more than 9 hours to let all the officer do the job, they asked my questions, I reject to answer, they ask me to sign on the Notice To Appear paper, I refuses to sign, when I was in Deferred Inspection in LA last week, the officer asked me why not sign, I said I did not understand Miaimi airport officer English, so I reject to sign, the the deferred Inspection offer told me, you can told Judge of that

thanks again for your reply


dafortycal said:
I'm assuming that you were traveling on a Chinese passport. If so, you might try claiming that the Mandatory Consular Notifications were not made at the time of your being "detained" by immigration officials. It is a longshot, since the government could agrue that you were not really "detained" when you were encountered at the airport, but you were only processed. You could agrue that you were not free to go, therefore, you were detained by the CBP. Were you served a I-200? That would be a warrant of arrest... It might not have been required, but if they did one, then it might help prove that you were under arrest and they violated your rights by not contacting the chinese government.

I've never seen this subject come up in immigration court, so I have no idea what effect it has on a case.
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he is lucky had a good lawyer, at that time when I was arrested 3 years ago, I did not have money for lawyer and I had PD( that was my big mistake, I should borrow the money for lawyer) , I can not change past now, i did all of of service, I did finish my 1st probation on Jan, so my 1st case was closed, I am wondering if I can motion for vacant or not which is Penal Code for 1016.5

I don't know how long that will take, during the time being, my Master hearing is set date and time , maybe in next few month, Since LA is a big city, so I guess all judges are busy

here is article

Too many cases , too less judge

http://articles.latimes.com/2008/jul/21/local/me-immigct21




dafortycal said:
Since she is in California and on a non-detained docket, I'm guessing her case will not be heard for at least a year. If she asks for more time to get a lawyer, she might get another 6 months, depending on the courts.

I had a alien get a deportable firearms violation conviction changed to non-deportable disorderly conduct conviction in less than 72 hrs., but that took a very good attorney.
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Yes, I am an arriving alien, I am under section 212(a)(2)(A)(i)(I) of the immigration and nationality act

I am inadmissiblity ,yes I feel so sad of my situation, its hopeless for me I can feel


James Mills said:
No, he was charged under the correct section. Section 237 is removability, his problem is inadmissiblilty. The crimes make him an arriving alien and 2 CIMTs make him inadmissible. He is not removable under 237, but he is inadmissible under 212. Had he sought the advice of an immigration attorney prior to the criminal trials (most criminal attorneys know nothing of immigration law and a deal that is good for a US Citizen may be catastrophic for a non-citizen.

You are right that he could have been detained without bond as a criminal arriving alien under the mandatory detention regulations.

Yes, there may be some hope with post conviction relief but if you try to do this without an immigration attorney you might as well just pack your bags. You need to move fast too since I have never seen an Immigration Judge who will continue a case while post conviction relief is sought.

Jim Mills
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Thank you I know I am not good for any forms relief since I am not longer enough in The States




James Mills said:
No, he was charged under the correct section. Section 237 is removability, his problem is inadmissiblilty. The crimes make him an arriving alien and 2 CIMTs make him inadmissible. He is not removable under 237, but he is inadmissible under 212. Had he sought the advice of an immigration attorney prior to the criminal trials (most criminal attorneys know nothing of immigration law and a deal that is good for a US Citizen may be catastrophic for a non-citizen.

You are right that he could have been detained without bond as a criminal arriving alien under the mandatory detention regulations.

Yes, there may be some hope with post conviction relief but if you try to do this without an immigration attorney you might as well just pack your bags. You need to move fast too since I have never seen an Immigration Judge who will continue a case while post conviction relief is sought.

Jim Mills
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I did not serve a I-200, I got Notice of Appear from Miaimi International Airport, then they forward to me in Deferred Inspection in LA

on the Notice Of Appear, I refused to sign anything, I refused to answer any questions, since I did not understand Officer's Questions and English




dafortycal said:
I'm assuming that you were traveling on a Chinese passport. If so, you might try claiming that the Mandatory Consular Notifications were not made at the time of your being "detained" by immigration officials. It is a longshot, since the government could agrue that you were not really "detained" when you were encountered at the airport, but you were only processed. You could agrue that you were not free to go, therefore, you were detained by the CBP. Were you served a I-200? That would be a warrant of arrest... It might not have been required, but if they did one, then it might help prove that you were under arrest and they violated your rights by not contacting the chinese government.

I've never seen this subject come up in immigration court, so I have no idea what effect it has on a case.
Click to expand...
 
When immigration arrests a person, they have certain rights. One of them is to contact someone from their home countrys government. Most people don't want to do it.

There are certain countrys that immigration is required to notify if one of their citizens are detained or arrested, China is one of them. To be honest, it really doesn't do a lot of good for you, but it is a right. Being detained for 9 hours sounds like a long time, they might have contacted your government and you wouldn't know it, the paperwork should be in your file.

You should have also been given your rights on a form I-826, the NTA also has your rights on it. That really isn't a big deal since you were released, but you would have been made aware of your right to contact them. On the I-826, you could have requested to see a immigration judge and/or make the claim that you were fearful of returning to China. You can still make that claim when you see the immigration judge, that will delay your case even further.

I'm really surprised they allowed you to keep your passport, they really screwed up. Without a passport, it is harder to deport you back to China, they should have at least made a photocopy of it. Maybe they did...
 
Summary of Requirements Pertaining to Foreign Nationals

When foreign nationals are arrested or detained, they must be advised of the right to have their consular officials notified.
In some cases, the nearest consular officials must be notified of the arrest or detention of a foreign national, regardless of the national's wishes.
Consular officials are entitled to access to their nationals in detention, and are entitled to provide consular assistance.
When a government official becomes aware of the death of a foreign national, consular officials must be notified.
When a guardianship or trusteeship is being considered with respect to a foreign national who is a minor or incompetent, consular officials must be notified.
When a foreign ship or aircraft wrecks or crashes, consular officials must be notified.
These are mutual obligations that also pertain to American citizens abroad. In general, you should treat a foreign national as you would want an American citizen to be treated in a similar situation in a foreign country. This means prompt, courteous notification to the foreign national of the possibility of consular assistance, and prompt, courteous notification to the foreign national's nearest consular officials so that they can provide whatever consular services they deem appropriate.
 
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