My nephew, 28yrs is in deportation proceedings in GA because of the convictions. Is he eligible for cancellation removal?

Asked almost 2 years ago - Duluth, GA

He is eligible for deferred act and I485 /245i except these convictions.
1. Felony for forgery(bought driver license from a broker) sentence of 12 months probation, First offender act: case discharged 2005
2. Possession of Ecstasy : pretrial intervention, case dismissed, dead docket 2006
3. DUI conviction.

He is in detention center since Jan 31. He has not seen anybody including his deportation officer. How can he request bond hearing? His master calendar hearing is Feb 19. I called immigration court regarding his case. Can he request bond hearing on that day? If he can, what is the procedure?

I am a petitioner for his family I-130. His family have received immigration visa this Wednesday.
If we hire an attorney, Is he eligible for cancellation removal? Thank you

Attorney answers (4)

  1. Theodore John Murphy


    Contributor Level 20


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . He may be eligible for cancellation of removal but it will depend on the first offender statute and how immigration treats that particular law. In some states this type of offense with a first offender result is a conviction for immigration purposes but in some states it is not. The possession of ecstasy offense is not a problem because it was dismissed. The DUI is not a deportable offense so is not a problem. There are other requirements for cancellation, 10'years in US before commission of a criminal offense or placement into removal proceedings, good moral character, a qualifying relative ... He needs a lawyer.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  2. Rebeca Ellen Salmon

    Contributor Level 3


    Lawyers agree

    Answered . All of the previous answers are very good. What you need right away is a consultation with an immigration attorney who can begin to work your case immediately. Every case is different and although many facts seem similar it is important to have the case evaluated for probable remedies. If you would like a consultation please feel free to call us at: 770-559-4935.

  3. Kara Lien Roberts

    Contributor Level 13


    Lawyers agree

    Answered . Agree with Mr. Murphy, but would like to add that I think the ecstasy charge could create an issue with "reason to believe" he is a drug trafficker depending on the circumstances and the amount (Mr. Murphy is most likely correct, but I prefer being paranoid and extremely cautious). He definitely needs an attorney and then he should know what options may be available to him and the risks associated. If you want to help him, consult with an immigration attorney or two with experience in detained immigration cases (really he should, but may not be able to very easily as he is detained) and help him select one he is comfortable with.

  4. Philip Alan Eichorn

    Contributor Level 19


    Lawyer agrees

    Answered . Both prior counsel are correct. Please exercise due diligence and retain an experienced attorney. Don't expect any guarantee of results as that is ethically impermissible.

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