Legal Question in Criminal Law in West Virginia

felony deportation

Once you've been sentenced by the feds on drug charges and face deportation after you serve your time(14 years and just sentenced) is there anyway to go in front of another judge and try to go ahead and get deported with no rights to come back to the states? If there is could you please let me know the procedure!! Thank You..

Sherry


Asked on 7/14/02, 10:34 pm

1 Answer from Attorneys
David Schles Law Office of David Schles

Re: felony deportation

Not really. Under federal law and the United States sentencing guidelines, the fact that a person is subject to deportation is not a factor to be considered in determining his sentence.

Once a person has been convicted and sentenced, he must serve that sentence regardless of any other sanctions he may face including deportation. One can challenge the conviction and/or sentence through a direct appeal to the appropriate U.S. Court of Appeals and then, if the appeal fails, by filing a habeas petition pursuant to 28 U.S.C. � 2255, but in neither proceeding will the fact that the inmate is subject to deportation be a factor.

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Answered on 7/15/02, 8:58 am


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