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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23572
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I ask a question it was my boyfriend is in jail for re-entering

Customer Question

I ask a question it was my boyfriend is in jail for re-entering they say he facing 7 yrs why so long
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hi,

I've looked at the other thread.

Illegal Reentry into the US After Removal is a Federal offense. If that was your boyfriend's only problem, he would be looking at a maximum prison sentence on the Reentry of two years, along with a fine.

However, since he's been back, he's had a few drug convictions. And not only are drug offenses deportable offenses, but they also will increase his sentence on the Reentry charge. That is, because he's had convictions since he's been back he is not facing a maximum of 2 years for the Reentry. He can be sentenced to as many as 10 years for the Reentry.

That's why the offer is a long one. And, as I'm sure you know, when he finishes his time, USCIS will be looking to deport him.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.






Edited by FranL on 5/2/2010 at 3:53 AM EST
Customer: replied 6 years ago.
let me ask you this if they don't want him here how they're going to house and feed him for so long I feel theres something wrog ok as a citizen is there anything I can do to help him
Expert:  Zoey_ JD replied 6 years ago.
Good morning,

From what you've said on this thread and others, there is nothing unusual about the way the Federal government is handling your boyfriend's case. He is not going to get the minimum sentence when he has returned here illegally and committed several drug offenses, at least one of which was a sale. And the law requires that a defendant serve his entire sentence here before he get deported.

Your boyfriend is not in a very good situation right now, and there isn't a lot anyone can do. What will help him most is to make sure that he has a good lawyer who knows his Immigration law. There may be some bargaining that can be done here on the Reentry charge to get him a shorter sentence. And then once that's over, you can begin work on trying to bring him back.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.