Well, I understand that he is trying to do, but I think it may be a moot point. What he is trying to do is vacate the judgement because something was done incorrectly when he was convicted and if he is successful, then he can essentially erase that conviction and they could not use it against him to deport him. But there are two issues there:
1) Even if he can get a vacature, that just means that the conviction is erased but it does not mean that they cannot prosecute him again. They can. If they feel he has served long enough of a sentence, they may not bother with prosecuting him again because they will not want to waste the time, effort or money. But they can re-prosecute him again and if they are successful, then he would still be deportable if he is convicted of the same.
2) If there was selling going on, then even if he can get rid of the conviction, they can still deport him. The laws in the 1990s were changed and there is zero tolerance for trafficking and immigration
laws can reach retroactively to ccnvictions that happened before the law changed because it is not a criminal penalty he will suffer but an immigration penalty. So there is no defense there.
There are 4 things in U.S. immigration law that have no pardon, that not even a U.S. Presidential pardon works, and those are fraud marriage, false claim to U.S. Citizenship, money laundering and trafficking of a controlled substance. As I said, they do not even need a conviction, all they need is "reason to believe" that he was involved in or benefited from any type of drug trafficking.
Here is a link:
IF he were to somehow get a pardon or a vacature of the conviction (sealing or expunging does not work), and IF he was to convince an immigration judge that he was not involved in drug trafficking, then MAYBE he could avoid a deportation. It would be a long and expensive road and he would need a VERY good attorney to help him. You can try to find one at http://www.ailalawyer.com/. I am truly sorry.
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