Legal Question in Immigration Law in California

Re: Immigration - Deportation

Your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Re: Immigration - Deportation

I don't think this has to be this complicated. Have you asked the child what he wants? I've represented hundreds of clients in deportation proceedings in 12 years and I would say in 99% of the time, if there's a choice, the child doesn't want to go back to Mexico or their homeland, especially if they've been here a long time. If your nephew was born in the US, that's even more true. Only if both parents are deported and the children are minors will they go with their parents. even then, many deported parents choose to leave their kids here with close relatives so they can have a better life.

If your nephew's parents are not divorced and there has been no custtody order from the Family Law court, then both parents still have custody, even if the father's been deported. As a practical matter, if the child wants to stay in the US, there's not much the father can do since he can't appear in California courts to fight for his son's custody. As you recognize, the grandmother would fight for the kid's custody, and in this case, the Family Law court would probably consider her care to be in the best interest of the child, rather than an incarcerated mother and a father deported to Mexico.

Larry L. Doan, Esq.

Note: The above answer should be considered legal information only and not legal advice, and should not be construed to create an attorney-client relationship.