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

    Pro

    Contributor Level 20

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    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
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

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

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