Legal Question in Immigration Law in New Jersey

deportation

I was charge with crimes involved crime involving moral tupitude,a month later i was charge with possesion of drug paraphernalia,

I conceded to possesion of drug paraphernalia, I was granted cancellation of removal by the immigration judge, but homeland security appeal to BIA, and it was over turn, and i was order deported.after 30 year in the states, spend 11 months in jail.

now i been in this country for 10 months. altogether its been 2 year with this nightmare.by the way i appeal to the 3th circuit, i been waiting for a desicion since january.

last week, i call the court to find out what had happend to an application that i haqd submmited for post conviction rilief. to make long story short, the court clerk send the wrong infomation to the criminal division.I never plead to possesion of paraphernala. But to(2c332.1) loitering with the inten to obtain or distribute cds is a disorderly offense. now my lawyer said we cant present new evidence. but how could the court continue to look at a case. that is not the original charge. I have send him the paper work from the plead.

juction of conviction. what can i do, i think my lawyer is bs me.shoul i submmib the paper work myself to washington


Asked on 6/13/09, 10:56 pm

2 Answers from Attorneys
Kerry Bretz Bretz & Coven, LLP

Re: deportation

My name is Kerry Bretz and I am a partner at Bretz and Coven, LLP, a full service immigration law firm. Your case raises a number of issues and if it weren�t so serious, would seem like a comedy of errors. From the beginning, it appears that ICE and your lawyer failed to accurately investigate your conviction. This may not necessarily be their fault if the court issued a disposition that was incorrect. Generally a disorderly persons conviction in NJ is not a deportable offense. If you are worried about whether or not your lawyer filed a motion to the BIA, you can do two things: 1. Ask for a copy of your file (in particular the motion) and get a second opinion by consulting another lawyer; and, 2. you can either call the BIA or check the Court�s automated 800 number which may tell you whether a motion has been filed.

This answer is for informational purposes only and should not be construed as creating an attorney - client relationship. In order to accurately analyze your situation, I would need to review the Record of Proceedings (ROP), which has the Notice to Appear (NTA), conviction record, transcript, evidence submitted, Immigration Judge (IJ) decision, Notice of Appeal to the BIA, briefs, the BIA decision, and the Petition for Review to the Third Circuit. I also need to know your full criminal history (the best way is to get a disposition for each arrest). In addition, I need to know your full immigration history and the immigration status of all of your immediate family.

Please feel free to visit our web-site at www.bretzlaw.com

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Answered on 6/14/09, 2:34 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: deportation

I would need more information regarding your particular case before I can comment on it properly.

However, since in you mentioned the fact that you already have an attorney working on the matter, I am sure he/she will endeavor to do their best to assist you.

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Answered on 6/19/09, 4:59 pm


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