Legal Question in Immigration Law in Nevada

Re: non-citizen rights

Absolutely! A person who is charged with a crime in the United States, whether or not he is documented, a non citizen, or whatever status, is entitled to all the protections under the Federal Rules of Criminal Procedure. Further, if the person is placed in immigration proceedings, he is entitled to all protections under the due process clause of the Fifth Amendment. If this person is convicted of illegal reentry, however, he will probably be subjected to expedited removal and the only way out of that is if he expresses and can prove fear of returning to his country. Before he pleads guilty to illegal reentry, you had better get someone to review the immigration documents -- how does the criminal attorney know that the entry is illegal? It may be an obvious answer, but sometimes reentries are not necessarily "illegal."

try to get some kind of assessment from a good immigration lawyer. Should not cost too much. Maximum $300 to provide your criminal lawyer with a good assessment of the law BEFORE HIS CLIENT PLEADS GUILTY. good luck.

Marc Seguinot