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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27082
Experience:  Active member of the NYS bar since 1989
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To Zoey JD I am back again with the same case I already

Customer Question

To Zoey JDHello, I am back again with the same case I already presented to you last December.
My friend decided to handle his own matter pro se at the civil case and till now, it seems that he is getting some positive results as the case presents a number of contradictions compared with the previous penal trial where he was charged of rape.My friend is a Canadian citizen and is due to be expelled at the end of his 10 year term; a judge has already officially notified him this expulsion.My new question is about the possibility of being transfered to Canada to finish his term there as he is authorized to request in his case. To be valid, his transfer should be done after having finished all his appeals...
Having found new contradicting evidences arising from the exchanges in the framework of civil suit, he is now prepared to fill a 440 case and submit it to the penal court.The question is: could the filing of a 440 motion stop or prevent his transfer to Canada, as this transfer is admissible only if all legal recourses and appeals are terminated?
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

Yes, he's not going to be removed to Canada if there are pending legal matters still open in the States.