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In an immigration case, what does motion to vacate sentence and Habeas corpus mean?

Dothan, AL |

Husband is a detainee. Alabama is trying to deport him.

He is being held in Oakdale in Louisiana.

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Attorney answers 2

Best Answer

First of all, only the federal government can deport someone. Alabama is a state, and has no authority to deport anyone.

A motion to vacate a conviction (not a sentence) means that your husband and his lawyer are trying to get his conviction reversed and off his record. A motion for hebeas corpus means that the lawyer is asking a judge to determine if it is legal for the government to hold him in custody.

Please see

(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.



thank you for your response. I found that it shows on the federal inmate locator he is released and on the detainee locator it shows he is not in custody. But I have found that he is presently being held at St. Martin Parish Sheriff 437 W. Mills Avenue Breaux Bridge, LA So, since he's not released in the US, are they probably going to deport him soon?


i agree witht he answers below.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law