My friend had plead guilty to a Prior charge of felony Possession of Controlled Substance, in 2001. He just recently was charged for the same offense. His family hired an attorney because they were informed that he can be deported if found guilty of the felony. His lawyer got the charged reduced to a misdemeanor. He was sentence to 90 days and Probation. On the day that he was to be released, ICE put a hold on him. He is a legal resident here in the U.S.. His family can't get any info. as to reason why or when he's schedule for court. His sister is now looking for immigration lawyer, but is concerned about the cost. She has become financially strained after paying the first lawyer for his services. She doesn't understand why he is being held,if it was a misdemeanor.
I agree with my colleague-even a misdemeanor controlled substance conviction could lead to deportation for an LPR. There is no requirement that it be a felony or aggravated felony.
If you want to know when his next hearing is you may call the EOIR 1800 # at 1-800-898-7180, and enter in his A# when prompted. Follow the instructions-there are several options including next hearing date.
If you need to find him in detention you can Google ICE detainee locator.
Consult with an excellent AILA immigration attorney asap.
It appears he is being held, because he has multiple convictions for possession of controlled substances. U.S. immigration law takes convictions involving controlled substances very seriously. It does not matter that he was convicted of a misdemeanor rather than a felony. It is the possession of a controlled substance that is a problem.
This is a very complex case as there are not a lot of forms of relief for individuals convicted of drug offenses. Your friend needs to retain an experienced immigration attorney. he needs an immigration attorney with extensive experience handling criminal alien matters. He could not only lose his permanent resident status, but be deported from the country if the case is not properly handled.
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