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Plead guilty in white collar crime,cooperating extensively with government for more than 3 yrs.first time in trouble

Boise, ID |

i plead guilty to a white collar crime ,working with AUSA for more than 3 yrs extensively ,got more than a dozen people .I have been on a green card for more than 7 yrs.first time i got in trouble ,no mention in plea of there any way/law that deportation could be avoided due to extensive cooperation.about 200+ hours and more than a dozen arrests and convictions.facing 65 months before 5k1.1,can deportation be stopped or could i re-appeal to come after 5 yrs instead of never and how low could sentence go after my efforts

Attorney Answers 3

  1. Best answer

    If you have pled guilty, then you have a lawyer and should talk with that person immediately, as a felony conviction like the one you are discussing certainly could have major immigration consequences.

    That said, under recent Supreme Court caselaw, you should have been notified prior to your plea about the consequences of the plea as they relate to your visa status. If your lawyer or the Court did not advise you of that issue, then you might be able to make a motion to withdraw your plea. But whether or not that would be appropriate in your case would depend on specific facts related to your case. You need to talk to your lawyer about them or, if you prefer, engage another criminal defense lawyer on this specific issue.

    Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and California, I strongly suggest you consult with an attorney in your city and state as Statute of Limitation and other deadlines can limit your recovery or affect your legal rights.

  2. If you have done all of this, you know how the system works, and I would be shocked if you did not have a lawyer who is aware of your circumstances. I suggest that you stress to him/her your desire to remain in the US. Your lawyer will bring this to the attention of the AUSA (if he does not already know) and later to an immigration judge.

    If you have done all that you claim, perhaps something can be done about the immigration, but you will not know until you are before the immigration court. As for your criminal sentence, the final decision belongs to the sentencing judge.

    The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.

  3. Under Diaz, you face possible deportation and the AUSA must have discussed this with you. Your attorney now would also have discussed this with you. ICE operates separately from the AUSA. Try knocking this down to a misdemeanor and avoid the felony, which could trigger deportation. Work this out with your attorney!

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