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Can we still get a pardon for a delivery of controlled substance, for someone that is in immigration custody?

Houston, TX |

Happened in 2004. Wasn't told than by attorney that pleading guilty may be deported. Is currently in immigration hold. It was less than 0.04. Harris County Texas

Attorney Answers 5


I am not a TX lawyer so I can't define "pardon" in TX terms, but in FL a pardon is a/k/a "executive clemency" and is essentially the giving of a clean slate for a prior offense from the Governor. It is supposed to be a fair and equal opportunity process for which anyone can apply but in practice it is more often then not a "political gift" that only the "connected" enjoy.

Although a pardon, in FL at least, does wipe the slate clean it does neither erases the fact the offense occurred nor does it preclude the federal government from doing anything - including deporting someone. Now if you are expecting that president Obama is going to issue a federal pardon in this case that may be another story, but I suspect that you were either misinformed or misunderstood the consequences of the plea.

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The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Only God may (allegedly) forgive and grant a "pardon" - not the great state of Texas through its mighty governor.., unless, of course you significantly contributed to his reelection campaign (doesn't want to run again we are told).

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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You need to talk to an attorney adept at handling post-conviction writs to see if anything can be done to undo the plea - it may not have been voluntary if the defendant was not aware of immigration consequences. Also, that person can petition the governor for a pardon. They are not often granted, but it may be worth a shot. Someone who looks at the case and what is in the official record will be able to advise you better than attorneys here.

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I agree with my colleagues. You should talk to an immigration attorney about your specific options.

Angelique Montes, Esq., Immigration Attorney in Houston, Texas. This is not legal advice and a client-attorney relationship is not created. The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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