Legal Question in Criminal Law in Oregon
Deportation
My son is in an out of an oregon jail, with probation violations.Now they are threating to deport him to canada. He was born their but lived in the U.S. his whole life. Can they do that ?
3 Answers from Attorneys
Re: Deportation
The Oregon authorities cannot. However, if it is US Immigration that is threating to deprt him, they probably can. It really depends on what your son was convicted of and when. You probably need to speak to an immigration attorney instead of a criminal attorney.
Re: Deportation
Yes. If the original crime was an aggravated felony under immigration law or even with the probation violation (a crime of moral terpitude at a minimum)
Never the less your son is still entitled to an attorney. Please be advised that if your son was out of status the U.S government can summarily deport him without hearing.
Re: Deportation
Whether your son can be deported depends on two things: his immigration status (legal, illegal, green card, etc.) and the character and nature of his convictions. The length of the period during which he has been in the US technically does not matter although it can be a factor under certain circumstances. You need to consult a good immigration attorney to evaluate your case. My law firm specializes in dealing with immigration consequences of criminal convictions, i.e., we are sometimes able to clean up the criminal record so to speak in order to avoid deportations etc. Feel free to call me for a free consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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