He's been in U.S. since 1995, spent a year in jail 6 years ago after his country did not accept him when immigration tried to deport him. He went for his monthly check-in and was detained recently and was told his country would accept him this time. He has a dismissed fraud charge from 8 years ago as well, how to keep him here? He has a wife and daughter over the age of 21, both citizens and a child under the age of 5 that was born in the U.S.
On this information it is impossible to answer your question. If there is a way to keep him here only an immigration attorney with significant criminal experience who has access to his entire record - both criminal and immigration - can help you with this. However, from what you have said, given the gravity of the crime, it is highly unlikely that keeping him here will be an option at this point.
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He certainly needs an experienced immigration lawyer to handle this case. He should also consider hiring a criminal lawyer to file a motion to reopen his criminal case based on Padilla. It seems he has an aggrevated felony conviction. An experienced immigration lawyer can also ask questions on his family immigration history and maybe he has a derivative citizenship claim.
Your friend needs an immigration attorney to look at his options based on what happened 6 years ago. The consequences of his conviction may not matter unless his immigration case can be reopened, and reopening his immigration case may require him to have some form of relief available now that he did not have before. While reopening his criminal case could provide such a basis for reopening the immigration case, I would be concerned about whether it could be done in time to help him. If he is detained and is subject to a final order of removal, then it is likely that ICE will act quickly to remove him.
If he has a legitimate fear of returning to his home country because he has reason to believe he could be harmed, then he needs to discuss this with an attorney to see if he could qualify for withholding of removal or relief under the Convention Against Torture. He will face a big obstacle though, because when his country would not accept him he probably told ICE he did not want to contest his removal in any way (including for fear of return) in order to be eligible to be released from custody. They would use that against him to challenge any claim he makes now, and the penalty if they think his claim is frivolous is extremely serious. He really needs to consult an attorney directly, and soon.
Please note that he information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.
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