Legal Question in Immigration Law in California

Re: Appeal/deportation

I assume you're referring to a new trial for your husband's criminal case, and not for his deportation proceedings, which are entirely separate from each other. Unfortunately, he's been actually deported, and once the person is outside the country, not much can be done if there's no appeal pending on the deportation case even though, arguably, the underlying basis for his deportation, the felony conviction, has been removed with a new criminal trial granted (so no conviction yet). That doesn't mean he wouldn't have been deported anyway since it was possible that he was in the country illegally at the time he was placed into deportation proceedings.

Probably the only thing he could try to do is to apply for a tourist visa from the U.S. Consulate Mexico in order to attend trial here and seek a waiver. It's certainly a sympathetic case, and he might just be successful in getting that visa.

Larry L. Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.