A domestic violence offense can render you deportable, depending on the specifics of the charge. If you are convicted, and it is a DV offense that is considered a deportable offense, you can be placed into removal proceedings before an immigration judge. A deferred prosecution agreement where you admit the elements of the offense could also trigger the same consequence. You need to run any plea by an immigration lawyer before you accept it to cover yourself.
Miranda rights would only make a difference as far as whether a confession or other statements would be admissible against him. Generally government agents will identify themselves, but depending on the circumstances, it may not be safe or practical for them to do so. It is unlikely, however, that a failure to announce would render his arrest invalid.
The appeal would need to be brought in the 5th Circuit, which is the circuit which hears claims from the immigration court in Louisiana. One thing to bear in mind is that you do not get an automatic stay in appeals to the circuit court like you did for the BIA.
You can get a rough idea by looking the U.S. Sentencing Guidelines (http://www.ussc.gov/guidelines/2011_Guidelines/index.cfm) to figure out his offense level and then looking at the sentencing tables. There is a section on fraud. Much of it depends on the amount of money involved and number of victims. Also, aggravated identity theft has a two year mandatory minimum sentence. It is only a rough idea because the sentencing judge can vary from the tables.
A MAR is a possibilty if there is some problem with the underlying conviction. There is no way to know the chances of it working without reviewing the case file.
If it was 20 years ago, you may be eligible to apply for a 212(c) waiver if you were ever placed in removal proceedings. If granted, it would allow you to remain legally in the United States.
Unfortunately, your friends are mostly correct. Most of the time, the Board of Immigration Appeals will do the exact same thing as the immigration judge. It is an uphill battle, but it does happen on occasion. However, you can obtain an automatic stay of removal, which prevents you from being removed during the appeal process (1.5-2 yrs.). If the Board denies the appeal, and you feel there is an issue the Board did not give sufficient weight to, you can take it to the Courth Circuit Court of...
Yes, he can still be charged as a habitual felon in NC if one of the charges occurred when he was under 18. Under the habitual felon statutes, an individual can be tried as a habitual felon when he has three underlying felonies, and two out of the three occurred when he was 18 or older.
Yes, he can be charged under the theory of constructive possession--meaning that he had the ability to and did exercise control over the drugs. He may have a defense if there were others around the drugs, whether he had been seen with them or throwing them down, and other factors. If you are doing internet research there was a case decided earlier this year by the court of appeals on constructive possession titled State v. Cox, COA11-609 where possession charges were overturned based on...
If you are convicted, the charge would remain on your permanent record. If the charges are dismissed and you have an otherwise clean record, you would probably be able to expunge the charges. A lawyer would be helpful in dealing with the charges. If you cannot afford one, you could ask the judge to appoint one for you at your first appearance.
You would need to bring what is called a motion for appropriate relief in which you would assert there was some sort of problem with the underlying legal proceedings in order to reopen the case and seek to have it vacated after that. If the plea occurred within the last ten days you still would have the option of appealing the case to superior court. These procedures will be very difficult without the assistance of a lawyer.