Is there anything that can be done to stop deportation with an aggravated felony for a Permanent Resident?

Asked over 1 year ago - El Centro, CA

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?

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    17

    Lawyers agree

    Answered . It doesn't sound good.

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

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    Contributor Level 18

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    Answered . There is not enough information here. What did he serve 3 years in prison for what crime? When was he convicted? Did he plea guilty? What country is he from?

    We have 3 offices over the State of California and an international office in the Philippines. We do 100%... more
  3. Rebecca A. McCarthy

    Contributor Level 5

    7

    Lawyers agree

    2

    Answered . 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.

  4. Michael Hugh Carlin

    Contributor Level 18

    7

    Lawyers agree

    1

    Answered . More information is needed. Speak to an experienced immigration attorney near you. Habeas corpus might be relevant in certain specific situations, but again, there is not enough information here.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  5. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    1

    Answered . Yes, 212h Waiver allows for this in some circumstances, depending how he became an LPR

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  6. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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