Served 3 yrs in Prison and now being detained by INS. Been in the states for over 30 years, no family in home country and two citizen children here. Would it be beneficial to file a Habeas Corpus?
It would be very important to have an immigration attorney review the criminal conviction documents to determine whether the criminal conviction is actually an aggravated felony under the immigration law. The definition of aggravated felony for immigration purposes is complicated, not all felonies fall under this category. Also, more information would be needed regarding the individual's personal circumstances to adequately answer your question. Filing a petition for habeas corpus would not be beneficial unless the individual was being unlawfully detained.
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