Can the gov. be sued for illegally deporting a legal permanent resident?

Asked over 2 years ago - New York, NY

They deported him against the law, by joining 2 entirley separate misdemeanor offenses to create a single offense and use this as "an offense relating to"... § 101(a)(43)(R) of the Act, 8 USC § 1101(a)(43)(R), which requires minimum 1 year imprisonment.

According to the 1-page sentence document, it provides a recommended sentence for each offense as "0 to 11 and half" months. At the bottom of the document, however, it states "total confinement" 23 months, which was served as probation.

He was a legal permanent resident and has no felony conviction on his record. The government purposely avoided discussion in the entire deportation process, they appearantly knew he was not deportable but wanted to deported him anyway. The 2 offenses they used against him are actually "summary offenses".

Attorney answers (3)

  1. Gintare Grigaite

    Contributor Level 18


    Lawyers agree

    Answered . I wonder whether he was represented by counsel or not, and whether all of these issues you are discussing now were raised in court, or on appeal. All of this matters because it is important to know whether he exhausted all of his appeal rights before he was deported. Consult with an experienced immigration attorney to find out what he can do at this time.

    Contact immigration attorney Gintare Grigaite at 646-407-2331. Answers on AVVO do not constitute legal advice and... more
  2. Nicklaus James Misiti

    Contributor Level 19


    Lawyers agree

    Answered . It may be possible but there are many loopholes created when suing the government. Contact an attorney ASAP as in certain cases there are statutory deadlines for filing. My firm handles these types of cases.
    Nick Misiti
    Misiti Global
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  3. Elizabeth Clare Surin


    Contributor Level 15


    Lawyers agree

    Answered . An individual cannot sue the U.S. Government. Agencies or individuals within the U.S. government can be sued but not the United States itself. Anyway, having cleared up that little distinction, didn't the LPR have competent representation at the removal proceedings? Or did he go about it pro se? There is always the appeals route -- BIA and then federal appeals. You did not give any information about whether appeals were done. You should consult an immigration lawyer with criminal alien expertise to advice you on options moving forward.

    An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended... more

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