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

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

Houston, TX -

Attorney Answers (5)

Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY
Answered

No.

The information contained in this answer is provided for informational purposes only, and should not be construed... more
Deepali Meenu Walters

Deepali Meenu Walters

Criminal Defense Attorney - San Antonio, TX
Answered

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.

Michael Adam Haber

Michael Adam Haber

Criminal Defense Attorney - Miami, FL
Answered

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.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq.... more
Angelique Giselle Montes

Angelique Giselle Montes

Immigration Attorney - Houston, TX
Answered

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... more
Giacomo Jacques Behar

Giacomo Jacques Behar

Immigration Attorney - San Diego, CA
Answered

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... more

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