Legal Question in Immigration Law in California

Is there double joprady in immigration?

Is there double joprady in immigration?

I pleaded for felony possession of not more then 1 gram of marijuana 1999 in CA.

can the immigration charge once 237(a)(2)(A)(iii) aggreveted felony, and when the judge tremineted this charge- they ''service'' file day later new charge 237(a)(2)(B)(i) control substence.

is it double joprady on ''same test evidence''?

thank hagi


Asked on 2/07/04, 3:56 am

2 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: Is there double joprady in immigration?

No, immigration is a civil proceeding. The Constitutional safeguards against double jeopardy only arise in a criminal context.

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Answered on 2/07/04, 10:46 am
Larry L. Doan Law Office of Larry L. Doan

Re: Is there double joprady in immigration?

Double jeopardy is an attempt to prosecute someone criminally twice after the person has already been acquitted the first time. Here, this is not a criminal prosecution, and secondly, the Service (CIS (old INS)) is simply charging you with a new ground of deportability, because you are an alien who appears to be in the country illegally. They can charge you with as many grounds that reasonably fit. It's up to you to fight it.

Liem Doan, Esq.

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Answered on 2/08/04, 9:42 pm


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