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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111571
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have a mutual friebd who was sentenced to a lufe sentence

Customer Question

I have a mutual friebd who was sentenced to a lufe sentence in virginia under the old law. Part of hus sentencing was tgat after he complete the sentence he has a detainer with the immigration orginazation (i forgot the name). Now he has done 25yrs, with no trouble but in 2009. He has been turned down for parole over and over do they even realize that he has a detainer or is that the REAL reason they keep turning him down?They give everyone the same reason in va, the serious nature of the crime. Who can help? You only have 2000 or a little over 2000 still able to go up for parole in this state. I have seen peopke go in and out if prison several times and these folks never been out one time
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to say that the VA law is very strict and life means life. However, if the sentencing law he was sentenced under has changed your friend should be filing a petition for post conviction relief to argue that he should be resentenced under the new law. If your friend cannot get his sentence redone, VA will not grant parole I am afraid.
As far as the immigration hold, USCIS (Immigration) will not allow him to be released. As soon as VA decides to grant any type of release he would have to be immediately deported and because he has a life sentence and the only way he could be released would be on parole, he cannot do his parole in a foreign country and as such he is not eligible for parole release.