Legal Question in Immigration Law in California

does china accept deported criminals from the USA?

I have a cousin who is being detained

in california at an INS deportation

center. He was born in hong kong

china in 1980. But his ettnicity is

vietnamese. This was during the

vietnam war when his mom pregnant

at tye time fled vietnam for hong kong.

The INS wants to deport him back to

hong kong where he was born. Will

china accept him or deny him? If they

deny him will INS release him? He has

served his time already at a prison.


Asked on 9/14/08, 8:27 pm

2 Answers from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: does china accept deported criminals from the USA?

Why is he being detained? If he was born in China, than he is Chinese, not vietnamese. If his parents are Vietnamese, then he would most likely be considered Vietnamese by China officials. Does he have a birth certificate showing where he was born? Does DHS have it? Have they spoken to the Chinese Embassy. Has he been before an immigration judge? If he has already been deported by an immigration judge, and they can't get Hong Kong to take him back, they wil review his situation in 90 days and determine whether they can send him back to his country. If it is not likely, they may release him depending on the crime he committed. Let me know the whole story and I might be able to answer more specifically.

Good luck!

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Answered on 9/14/08, 10:02 pm
Johm Smith tom's

Re: does china accept deported criminals from the USA?

Only China knows if they will accept him. If they don't then he may be released here depending on the crime.

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Answered on 9/16/08, 10:12 am


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