Legal Question in Immigration Law in Michigan

my father is from mexico and has been in the u.s since the 1960 s. In 1977 he was convicted of a felony in MI. most recently in 2006 he was crossing the u.s. mexican border and was detained because inconsitancies in his name on his passport. He was then arrested because of the 1977 felony conviction and was ordered by a judge to be deported. His attorney filed an appeal and has been out on bond since. Just days ago he lost his appeal and our family is worried that he will be deported. Is this illegal since he has been his wife and children are all u.s. citizens and he has been a tax paying citizen and has never been convicted of a crime since 1977?


Asked on 5/01/10, 2:56 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, if he is not a U.S. citizen, was ordered deported and an all subsequent appeals were denied - he will be deported as required by U.S. federal immigration law. I am not fully aware of the facts and circumstances of his case, as it also depends on what particular felony he was convicted for, etc. Some felonies can make a convicted felon an "aggravated felon" in a special meaning of the immigration law, which makes that felon permanently inadmissible to the United States.

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Answered on 5/06/10, 3:10 pm
Caridad Cardinale Pastor & Associates, P.C.

If he has lost all appeals including the federal circuit court of appeal and does not appeal to the U.S. Supreme Court he can be deported. Of course, we would need to know what the felony was, the sentence imposed, any legal status he has had in the U.S., etc. Our consultations are free so we suggest you call us and schedule an appointment and bring the file so that we can review it. I am Hispanic and have been practicing for over 20 years. Call me at 248 619 0065.

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Answered on 5/06/10, 5:42 pm


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