It is possible but unlikely.
Contact a criminal appeals atty immediately.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Yes an appeal can be filed while in jail but it sounds like an appeal was already filed. What haapened with it? You don't get two bites at the apple. Reach out to an appellate attorney and see what s/he has to say.
I handle criminal defense and appeals. It is hard to undo a guilty plea. Did either his lawyer or the Judge the tell him the plea could lead to deportation? Is the plea the only reason his is being deported. He may be able to make a motion to vacate the conviction on the ground that he received the ineffetive assistance of counsel. I have made this type of motion before under a fairly recent US Supreme Court case called Padilla. I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.