Skip to main content

Person was arrested and charged with HS11379(a) is an illegal immigrant, is in custody with an ICE hold. What to expect?

Los Angeles, CA |

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?

Attorney Answers 5

Posted

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.

Mark as helpful

7 lawyers agree

2 comments

Asker

Posted

It was MDMA. I was not aware it was considered an aggravated felony since it was a really low amount. Thank you for your answer.

Asker

Posted

I'm assuming his only way out of this would be to not be convicted guilty of transporting.

Posted

As indicated, the charge is absolutely an aggravated felony for immigration purposes. This person needs the best local criminal defense attorney they can get. They'll likely need an immigration attorney as well.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

Mark as helpful

3 lawyers agree

Posted

This is an aggravated felony.

Please click the link below for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Subscribe to our Free Immigration Newsletter
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(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.

Mark as helpful

15 lawyers agree

Posted

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.

Mark as helpful

1 lawyer agrees

Posted

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.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics