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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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hi my name is XXXXX XXXXXon, my question to you is my husband

Resolved Question:

hi my name is XXXXX XXXXX my question to you is my husband was arrested last night 02/28/10 for driving while license sup. he is not legal in the united states.we have 3 children together ,he has about 13years here and have worked at the same job for
7years.he has a criminial record for driving impaired but years ago. he has been clean for about 4years.please tell what i can do?
Submitted: 7 years ago.
Category: Legal
Expert:  Ely replied 7 years ago.

My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

Does he have an ICE hold (i.e. is immigration interested in him), do you know?

Customer: replied 7 years ago.
yes they said they have a hold on him untill they get his statis
Expert:  Ely replied 7 years ago.
Ok, first of all, he has to fight this criminal charge, so get him an attorney or he will be appointed one. After he finishes here, ICE will want him. They'll transfer him for removal. A judicial order of deportation can be requested only if the offense for which the alien will be sentenced renders such alien deportable on one or more of the following grounds:

Crime of Moral Turpitude, 8 U.S.C. § 1251(a)(2)(A)(i)

The alien must be convicted of a crime involving moral turpitude committed within five years after the date of entry, and sentenced to confinement or confined therefor for one year or longer. Although the conviction must occur within five years of entry, any entry into the United States may be used to support the charge of deportability.

Multiple Criminal Convictions, 8 U.S.C. § 1251(a)(2)(A)(ii)

A conviction for two or more crimes involving moral turpitude at any time after entry would render an alien deportable, so long as the offenses did not arise out of a single scheme, and regardless of whether the alien was confined therefor. Conceivably, two misdemeanor convictions, not arising out of a single scheme, for crimes involving moral turpitude would make an alien deportable under this provision.

Aggravated Felony 8 U.S.C. § 1251(a)(2)(A)(iii)

An alien convicted of an "aggravated felony," as defined in 8 U.S.C. § 1101(a)(43), is deportable. The Immigration and Nationality Technical Corrections Act of 1994 expanded the number of aggravated felony offenses. (Some, but not all aggravated felonies, would also be crimes involving moral turpitude.) Aggravated felonies now include:

1. murder;

2. illicit trafficking in a controlled substance;

3. illicit trafficking in firearms, destructive devices, or explosive materials;

4. money laundering or engaging in a monetary transaction in property derived from specific unlawful activity if the amount of the funds exceeded $100,000;

5. offenses described in various sections of Title 18 relating to explosive materials or firearms;

6. crimes of violence for which the term of imprisonment imposed is at least 5 years;

7. crimes of theft or burglary for which the term of imprisonment imposed is at least 5 years;

8. offenses described in various sections of Title 18 relating to the demand or receipt of ransom;

9. offenses described in 18 U.S.C. § 2251, 2251A, or 2252 relating to child pornography;

10. an offense described in 18 U.S.C. § 1962 relating to investing income derived from racketeer-influenced organizations;

11. offenses relating to owning, controlling, managing, or supervising a prostitution business or an offense described in various sections of Title 18 relating to slavery, peonage, and involuntary servitude;

12. offenses relating to gathering or transmitting national defense information, disclosing of classified information, treason, or intentionally disclosing the identity of undercover intelligence agents;

13. offenses involving fraud in which the loss to the victim exceeds $200,000, or tax evasion in which the revenue loss to the government exceeds $200,000;

14. an offense relating to alien smuggling for commercial advantage;

15. an offense under 18 U.S.C. § 1546(a) which constitutes trafficking in fraudulent documents for which the term of imprisonment imposed is at least 5 years;

16. an offense relating to failure to appear by a defendant for service of sentence if the underlying offense is punishable by imprisonment for a term of 15 years or more; and

17. any attempt or conspiracy to commit one of the above offenses.

So the long and short of is that the common theme running through deportable offenses is that incarceration is required in all of them to make it a deportable offense. This might fit, so you need an attorney who also knows immigration law.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.

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