My husband was on probation for a DUI/Driving without a valid license charge. He violated his probation and was given a year in state prision. He has to do 50% of the time and he is scheduled to be released in 6 months. He does have an ICE hold on him because he is an illegal immigrant. Is this Class 4 felony a deportable charge? If it is not a deportable charge will he be released and able to stay in the US, albeit, illegally?
He was charged with an aggravated DUI/Driving without a valid license. He is an undocumentated immigrant. He is in this country illegally with no documentation.
What is your husband's status - lawful permanent resident or undocumented? Whether the DUI Class 4 felony is a deportable offense depends on the language of the statute under which your husband was arrested. You need an experienced immigration attorney who handles removal proceedings and has had success with criminal alien cases.
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