There is no provision in the law that makes someone not deportable from the U.S. because they are a whistleblower. So if he tries to deny that charge, the judge is just going to find him deportable anyway because no such provision in the law exists. HOWEVER, first I want you to take a look at this article because what can happen is that he could receive “prosecutorial discretion” because of his whistleblowing and that means that for now, they would not deport him:
And here is an article about Prosecutorial Discretion:
But now for more good news….let me explain the NTA and the rest of the removal process. Whether he admits and concedes the allegations or not, they are going to easily be able to support the allegations against him. So let’s say that he admits them all or they sustain them all (one or the other is going to happen), he isn’t going to get deported on the spot. They will ask what relief from Removal he is seeking. Those can be Asylum, Withholding of Removal, Cancellation of Removal, Adjustment of Status, or a few other things including the U status. So at that hearing or the next hearing, he would explain that this is the relief he is seeking and he will present some evidence that the U status is pending and if it looks like he has a reasonable chance, the judge should continue to grant continuances until the U case is settled. If it is approved, he can ask for a hearing to administratively close the removal proceedings and that would be that. So I hope that answers your question. If he tries to deny any allegations, they will set a hearing which is fine, but at that hearing they are going to sustain the charges of removability. It doesn’t hurt him to admit or deny especially since he cannot really win a denial of the charges, or at least it doesn’t look like it to me from the information that you have given me, it will just cause him to probably have to go to court an additional time. But like I said, the important part is what comes after which is when he will explain the relief from removal that he is seeking.
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