Legal Question in Immigration Law in California

Deportation hold?

I am trying to determine if my younger brother has a hold on his green card. My family and I received our green cards as refugees from Laos in the late 1970s. Unfortunately, my younger brother was incarcerated in 1992/93 at the age of 15, and has been serving a 16-year sentence in California (I live in Georgia). He is due to be released in January 2009 and our family is concerned about his green card and immigration status. How can I find out if he has a hold? Do I have to contact a lawyer in California or can I obtain one here in GA., although he's incarcerated in CA.? Thank you.


Asked on 9/30/08, 8:49 am

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Deportation hold?

I don't want to unnecessarily concern you, but I would bet my life on the fact that there is a hold on your brother, however, I would vehemently argue that he is not deportable because his offense took place when he was so young. Convictions don't apply to minors, however, it is possible that the government may pursue his removal from the U.S. on other bases, like when the government went after the mafia, they got them on tax evasion, not murder. There could be lesser charges of removability that would apply rather than relying on aggravated felony.

Visit my website at www.yardum-hunter.com or email me at [email protected].

Oh and by the way, I'm located in California, but I have had clients in Atlanta and throughout the U.S.

Sincerely,

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Answered on 9/30/08, 11:29 am


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