Legal Question in Immigration Law in Colorado

deportation & immigration

My brother is being held and serving his time. He is to be released in Feb. 2008, but he got a visit from INS saying that he will be deported. No one had told him that he will be deported in his court appearance. It that possible? He's lived in the US since he was little about 23yrs. It sounds a bit weird to me that INS just shows up. How is it decided? What can we do to help him? What if one of my parent is a citizen of the US? Will that help any? I know it is a very complicated subject, what can we do to help him?


Asked on 1/17/08, 3:09 pm

1 Answer from Attorneys
Melina Merino Attorney Melina Merino

Re: deportation & immigration

Generally, when a person is convicted of an offense that may render him deportable, he will be placed under the custody of Immigration and Customs Enforcement once he completes his sentence for the criminal offense. After he is in the custody of Immigration, his deportation proceedings will commence. Generally, a person will be scheduled with the local Immigration Court to present his case if he is eligible to do so. Depending on the offense, his status in the USA and possibility of relief from removal, he could fight his deportation. We would need to know more information about his status in the USA, when did his US citizen parent naturalize, if he has any other close US citizen relatives, etc. Do not hesitate to contact if you have any other questions or would like to discuss the matter further. Good luck!

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Answered on 1/17/08, 3:32 pm


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