He recently applied for the deferred action and has been in the US since he was 8. He is now 21. This is a first time offense no previous arrests. Since it is not an aggrevated felony are there chances ICE will let him go without deporting?
This is an aggravated felony.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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Transportation of drugs (meth???) is an aggregated felony. He must do what he legally can to avoid conviction. He MUST get a qualified criminal lawyer who is aware of his immigration status and who will consult with a qualified immigration lawyer before entering any plea. The fact that its his first offense or that he's been here since he was 8 will not help him if he is convicted of any drug offense.
First of all, as everyone has stated here, this is an aggravated felony. If he does not have an immigration attorney, he certainly needs to talk to a few as soon as possible.
Obviously, knowledge of specific facts and circumstances is critical to knowing how to defend your friend's (?) case. Consult with a few criminal defense attorneys who are familiar with these types of matters and have the experience to help your friend.
Certain crimes are construed differently for immigration purposes and have a more serious impact on non US citizens who would likely face prison followed by removal from the U.S. It is important that he not plead guilty or even nolo contendre. His goal should be to bargain and reduce the offense to a lesser crime, if possible. This requires the combined talent of an experienced criminal defense attorney and knowledgeable immigration lawyer.
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