A family member was arrested for DUI a few days ago. About 10 years ago he was involved in a big fight where he was arrested and did time for that. After he did his time he voluntary when back to his country, however, he returned 3 months after ILLEGALY. He is in police custody right now for this DUI and I'm guessing for not having documentation. Other relatives hired an immigration lawyer, who said that can get him out without getting deported. I believe this is scam and he's should go back to his country and never come back,, but they won't listen. Is this possible? For an illegal immigrant who has a criminal record from 10 years ago, left the country, came back right away, and now has a DUI, to not get deported?
Regardless what you think, you are not the deciding authority to remove people form the United States.
Also, anyone is entitled to legal representation, even a person with a pending DUI charge and undocumented presence. Besides, he has an attorney who is dealing with that professionally, therefore, do not use Avvo to express personal animus against someone, since you do not have a personal involvement in his cases.
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His DUI may be the sauce. What may be the beef is his illegal entry if this is what happened. However, without knowing all the facts, it is impossible to predict the outcome. Only an experienced and unscrupulous lawyer can assess his chances of not being deported.