Legal Question in Immigration Law in California
deportation laws
My boyfriend is currently in prison he is on a violation charge. He is also on a immigration reentry charge. Now when he got deported the officers pinned him down to sign his name on deportation papers! So we feel like they violated his rights and not only that but my boyfriend has me and our three children whom are US Citizens. My concern is he has past criminal record,. Will judge let us file an appeal and what are his chances???? This time he didn't commit a crime but was here illegally so now he is detained. He is a good man and a good father and he has learned that his past poor judgement has resulted in nothing but heartache. And our family has suffered,.
2 Answers from Attorneys
Re: deportation laws
If he's being criminally charged (re-entry), then there is no immigration judge but a federal judge, who cannot grant immigration relief. Your boyfriend will have to attack the deportation as illegal because the INS violated his due process.
Liem Doan, Esq.
Note: The above response is provided for legal information only and is
not legal advice. Such advice can only be rendered after a client-attorney relationship has been expressly established.
Re: deportation laws
Since you are a US citizen you should file for him to obtain legal status. The matter is complicated, so you should seek competent legal counsel to present the case to the immigration judge and make the usual family unity/hardhip case and hopefully stop/ prevent removal proceedings. Good luck.
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