What is better appeal or deported.

Asked over 3 years ago - Edinburg, TX

The immig judge decided to deport my uncle. He was convicted of transporting an illegal back in 05 and was given probation. The judge put inadmissable on his paperwork. He decided to believe the affidavit of the agents who stated they thought my uncle had aided and abetted the person but was not convicted on that. Would it be better for him to accept deportation or appeal. There is evidence from his court in 05 where both were confronted & the person stated that my uncle had not helped him to cross the border but just gave him a ride. Can the immigration judge decide on something he was not convicted of.

Attorney answers (1)

  1. Mark Richard Kowalewski

    Contributor Level 14

    Answered . These are questions that your uncle should be asking of HIS attorney. If he does not have one at this point, he has a real problem.

    The immigration judge only reads the conviction record, he cannot go beyond that to learn what a witness may have said in criminal court.

    www.accentlegal.com

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