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I have to wait for him to call me again from jail, probably on the weekend to find out exact details about convictions and sentences. He is from China since he was nine years old. Not a US citizen but has a son who is. Not able to speak or write in Chinese native language at all if he is sent back
Also, please find out if he is a U.S. Lawful Permanent Resident and how old his son is. No need to respond to me now, just respond when you have the information. Thank you very much.
he did not call me collect from jail yesterday so I have nothing new to report as yet
I finally have a lot more information after speaking to my friend from jail this evening
My friend's name Jason Zheng (Youru Zheng) Franklin Correctional Facility Malone NY. Original Bin # XXXXX (1992) Drug Conviction Copped plea Deportation rights not read, given papers 1996 Case that he wants permission to file late appeal based on Pedilla Vs Kentucky #08651, Case #XXXXX 359U.S.356. (His deportation papers are being processed right now only based on that 1996 notice, nothing to do with his current case. Right now serving 5 yr term case #XXXXX to be released 12/30/13, finished time. He is US Lawful Permanent Resident since age 7 from China, not citizen Son is 16
I don't know exactly but he was selling drugs, I don't think there is any trafficking between states or countries. He kind of knows what he thinks he is trying to do and wants to file a permission for late appeal to stop the deportation papers that are in the works, but he insists only from the 1996 time, and not about his current sentence, which he has served by the end of this year
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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