The first time he was deported he said that he signed off to be sent back home because he got bored of being moved from jail to jail until he ended up in Florida where they told him he could sign and be sent home, but they told him it was voluntary not a deportation order. But I'm sure it was not voluntary departure since your are given a certain date and have to pay for your own ticket which he did not do. When he got back to his home country he went to the counsel and they told him that it did indeed did not count as a deportation. so im confused as to wat happened. He came back illegally a while after and got charged with a misdemeanor, got arrested and got put on a detainer in jail. ICE will pick him up and id like to know if we have a chance of relief or if hes gonna face alot of time
Criminal Defense Attorney
He is illegal. He has been convicted of crimes. He re-entered the U.S. illegally after deportation proceedings were commenced. Which of these facts do you consider to be positive?
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He may be subject to "reinstatement of removal":
INA § 241(a)(5) - “if the Attorney General finds that an alien has reentered the United States illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date and is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this chapter, and the alien shall be removed under the prior order at any time after the reentry.”
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