It will depend on the final conviction. Your boyfriend's criminal lawyer should consult with an Immigration attorney as to the best possible route.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com
Hard to tell.
Make sure that your boyfriend's criminal defense attorney follows the law set-down by the US Supreme court and gets an opinion from an immigration attorney.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
More information is needed to determine if he qualifies for any type of relief. If it is determined that he has a defense to removal then he may be released on bond. I strongly suggest you consult with an experienced immigration attorney who is also experienced in DWI defense.
Pursuant to the US Supreme Court Case in Padilla and the following 5th Circuit case US v. Amer and the currently pending cases up on certiorari (review) by the US Supreme Court stemming from the 5th Circuit and other circuit cases, your criminal defense attorney needs to seriously consider consulting with competent immigration counsel PRIOR to cutting any deal with the assistant district attorney in Tarrant County or entering a plea. In Texas deferred adjudication is not available for DWI cases. Therefore either a strict plea, trial or straight sentence are really the only options for him. ICE will already have placed a "hold" on him, i.e. when he is done in the criminal court ICE will take over custody from the Tarrant County authorities and transfer him to the ICE Detention center. As the other colleague mentioned, need more info to determine whether there is relieve available for him, whether he is mandatorily detainable or bondable etc. Not hiring competent immigration counsel prior to his pleas would be a devastating mistake unless his criminal defense attorney is well versed in US Immigration law.
he should not plead guilty to that charge as it will make him an aggravated felon. he needs two good attorneys one for immigration and another for the criminal case
The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez, Elizabeth Cedillo or Yong Wood as highly skilled and experienced. In South Texas I recommend Jodi Goodwin from Harlengin or Leonel Perez of Edinburg. In San Antonio I recommend Bob or Nancy Shivers or drive to Austin to see me or my talented associate Jacqueline Watson.