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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96327
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a friend who copped a plea in 1992 & received deportation

Resolved Question:

I have a friend who copped a plea in 1992 & received deportation papers four years later. He claims that he was never informed that by doing so he would face deportation.

Currently he is completing a five year sentence for a later offense & is set for release & deportation by the end of the year unless he has some legal recourse
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


I need to know each conviction and each sentence. He may be able to get out of the first thing that makes him deportable, but the second may be harder especially since it is a serious enough crime to have a 5 year sentence. Also, I will need to know what country he is from and what his current legal status is. Thank you.
Customer: replied 1 year ago.

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

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.

he did not call me collect from jail yesterday so I have nothing new to report as yet

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That's ok. As I said, your question does not close. Take your time. I will be here.
Customer: replied 1 year ago.

I finally have a lot more information after speaking to my friend from jail this evening

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Please respond here. What information do you have for me?
Customer: replied 1 year ago.

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

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
It sounds like he is on the right track. What was the drug? In what amount? And was there any buying, selling or transporting of the drug? If there is a trafficking compontent, I may have some very bad news for you.
Customer: replied 1 year ago.

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

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
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:

http://www.state.gov/documents/organization/86950.pdf

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.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96327
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Attorney At Law
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10+ years of experience in various aspects of U.S. Immigration Law.