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Can an ICE detainee (a green card holder) with an aggravated felony conviction (forgery of a public document) get a bond?

Vienna, VA |

His whole family (all US citizens) lives in the US and they moved here from Lebanon in 2000. If he is not eligible for a bond, we are thinking of hiring a habeas corpus attorney as his previous lawyer did not advise him of the consequences of immigration if he plead guilty. I understand that he might have to remain in custody while the habeas is filed, how long might that take? And any good habeas corpus attorneys in the Northern VA area?

Attorney Answers 3


  1. If as you say the conviction for immigration purposes is an aggravated felony conviction and the release from detention of his criminal case was recent than unfortunately he's mandatorily detainable pursuant to INA 236 (c) and NOT bondable. If as you say, the criminal defense counsel failed to give him clear warnings prior to taking his plea that negative immigration consequences would certainly flow from his plea (if its an aggravated felony there is no "maybe" BUT its certain) then you may be able to have a competent Writ of Habeas NJ Criminal Appellate attorney try to vacate the plea due to 6th amendment constitutional violations of the right to effective assistance of counsel in criminal matters based on the US Supreme Court case in Padilla. The case is up again to the Supreme Court and they had oral arguments at the end of November to determine whether the Padilla case is retroactive and/or created a "new" rule but if your husband's plea was recent this should not affect him. Go to toby Norton's website (google) him, he's a CA atty and expert on post conviction relief and he may be able to suggest NJ counsel thats competent. I have been successful in one writ of habeas case in Houston state court and got a case vacated for Padilla reasons and one denied thats now up on appeal with the Texas Court of Criminal Appeals. It appears the TX CCA is holding my case in abeyance until the Supremes have ruled on the New Rule and retroactivity case for the Padilla issue before they rule on my case. Does your he have the opportunity to re-adjust, i.e. if he is an immediate relative he can file a new green card and also waive his aggravated felony case for deportability reasons unless its also a ground of inadmissibility (these are really, very complex issues and you should hire competent counsel to carefully analyze his case, Notice to Appear, the charges on there, how long he has had his green card, how long after he got his green card he pled guilty for forgery etc). If Lebanon won't take him back ultimately ICE may let him out on an Order of Supervision if he;s been detained for more than 6 months but again this is not automatic and depends on so many other pertinent factors.


  2. I agree with Mr. Calehr

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. He is probably subject to mandatory detention. A motion to vacate his conviction may be appropriate if his criminal attorney did not correctly advise him. Hire a criminal immigration attorney to handle this matter. My firm handles criminal immigration cases.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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