Legal Question in Immigration Law in Virginia

Deportation Proceedings

If someone is convicted of a felony for mail fraud and have been permanent resident for almost a decade, would they be absolutely deported upon their release from the prison after serving 5 years? Would it make a difference if this person has US citizen dependants? If so, would they be detained by ICE upon serving his sentence, and what is procedure from there and in your professional opinion, what are truly the chances of such person staying in the US? Given the fact that if they are deported, there life will be in danger on the basis of religious persecution, would that hold any weight? Thank you for your response to all my questions.


Asked on 2/17/09, 10:23 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Deportation Proceedings

If the felony is considered to qualify as an "aggravated" felony under the special interpretative rules of the USCIS and Department of Homeland Security, the person(regardless of dependents) will almost certainly have an ICE detainer lodged against him or her and then upon the completion of the federal sentence be placed in the custody of the Department of Homeland Security for the commencement of removal proceedings

before an Immigration Judge.

About the only defense which may give such a person considered to be an aggravated felon any chance of remaining in the U.S. is if he can somehow prove that returning him to his homeland would likely subject him to life-threatening persecution or conditions and, consequently, constitute a violation of the U.N Convention Against Torture(CAT).

Needless to say, this would be a very difficult legal task to succeed in proving to the satisfaction of an Immigration Judge assigned to hear and rule on the matter.

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Answered on 2/17/09, 1:20 pm


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