In an immigration case, what does motion to vacate sentence and Habeas corpus mean?

Asked almost 3 years ago - Dothan, AL

Husband is a detainee. Alabama is trying to deport him.

Additional information

He is being held in Oakdale in Louisiana.

Attorney answers (2)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . First of all, only the federal government can deport someone. Alabama is a state, and has no authority to deport anyone.

    A motion to vacate a conviction (not a sentence) means that your husband and his lawyer are trying to get his conviction reversed and off his record. A motion for hebeas corpus means that the lawyer is asking a judge to determine if it is legal for the government to hold him in custody.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Lynne Rogers Feldman

    Contributor Level 18

    Answered . i agree witht he answers below.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

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