My mother pleaded guilty on 6/22/2010 and deported on 12/20/2010 for the following:
8 U.S.C Conspiracy to transport an undocumented alien within the U.S.A. by means of transportation for financial gain. Offenses: 8 U.S.C, 1324 (a)(1)(A)(ii), 1324 (a)(1)(A)(v)(I) and 1324 (a)1Bi. Her Judgment in a criminal case also says: Counts (2) is dismissed on the motion of the United States. The court accepted the guilty plea and admonished her to the penalty provisions persuant to 8 USC 1324 a1Bi. Due to plea, she waived right to attack her conviction. In return, the government agreed to move the court to dismiss the remaining Counts of the Indictment at the time of sentencing, not oppose a request that she receive a 2 level downward adjustment pursuant to U.S.S.G 3E1.1a. No other criminal history
It would be difficult and irresponsible for an Immigration attorney to answer your question without first seeing the documents related to your mother's criminal proceedings. The best thing would be for you to consult with an attorney and bring with you the Final Disposition in her case. This document should give the attorney the needed information to evaluate the options in her case, if any. Although you listed the offenses, that on itself is not enough when evaluating the Immigration consequences of a criminal conviction. You are welcome to contact me at 404-590-2445 if you would like to discuss it further.
[This answer is for general purposes only and does not establish an attorney-client relationship.]
5 lawyers agree
I agree with Atty Hottle.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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In general, crimes whether state or federal for immigration purposes are categorized in two sections: Crimes involving moral turpitude (the person is just bad, deprived, etc e.g. theft, prostitution, etc) or Aggravated Felonies. Its a very complex area of immigration law. The plea papers (contract between the court and your mother the defendant) negotiated by her attorney, whether from the public defender's office or private attorney will have a copy of the plea colloqouy (the file and also the presentencing report) which discusses your mom's case, her social history, the mitigating factors, her entire bio/background, and furnish this to a competent immigration counsel for analysis. Did she not go through immigration court for her deportation/removal? Or she agreed to her removal also in her federal court plea agreement? In federal court the time to attack her plea if not intelligently is usually 1 year through a Writ of Habeas if she was not properly advised by her criminal defense attorney that her plea would result in removal/deportation. Really need a comprehensive copy of her file etc as the other attorneys already mentioned to give you a answer. Consult with competent counsel.
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