Legal Resident in deportation

[ggfrisco]

Hello, my cousin is a legal resident. He is being a resident for more than 15 years. He had some tickets and when to jail to pay the tickets with time (he wanted to save some money). After being in jail for 4 days they sent him to an immigration jail (homeland security). The reason was that he did not have his green card with him and they wanted to make sure that he was a legal allien. After two days of interrogation without an attorney he called us today and he said that they are charging him with smuggling an ilegal allien (he has never done this). Also they told him that is time for him to find an attorney. Could someone help us? Could they deport him? We are in Dallas, Texas. All this happend last Friday

[kitkat1]

Yes they can deport him -- legal residents can be deported for particular crimes. Get a lawyer - now.

[Coventrated]

An example in my local paper:

http://www.denverpost.com/news/ci_7822463

[LilB]

I live in Dallas. I've never heard of such a thing...wow!!! What racial profiling. I have to ask, which jail was he originally in? Did he know English? (I just put a post up about luck and knowing English with jails just yesterday). DFW is big. I'm curious which jail it was that transferred him.

[JennyM]

"The simple truth is that we do not want gangsters and known sex offenders in our community, regardless of their citizenship status," said Gardner.

ICE officials said the 67-year-old man was convicted in 1989 in Los Angeles of sexually assaulting his then 12-year-old daughter. He served three years in prison, according to Rusnok.

His son was convicted in 2003 in Weld County of sexual assault on his 15-year-old girlfriend when he was 27. He received a five-year deferred sentence, said the ICE spokesman

I agree! They should be deported.

[ggfrisco]

He was just trying to do something to pay his traffic ticket. He is not a sex offender or nothing crazy like that. His was at Garland Police station and he speaks English. He is being a resident for more than 15 years. I just wanted to find out if he needed it an attorney and if somebody knows one. Thank you

[Laura]

Frisco - it does sound really strange. He should hire a lawyer. I don't know who to recommend for something like that, but I will email someone who might give me a suggestion and then I'll let you know.

[sdeb]

My bro. was deported on a drug charge although he was perm. for years.

Laurel said unless it was just w/ marijuana (think small portion) there is nothing else to do.

Sorry.

[Laura]

This wasn't a drug charge though...

[Laura]

ggfrisco - I'm sending you a PM - please check it out.

[kitkat1]

LPRs are required to carry their green card on them at all times. That was the first mistake - he couldn't prove he was legal. The rest -- how they got to a charge of illegal smuggling must be a long story - get a lawyer!

[Klame1983]

Hi. I'll PM you with the name and contact information for some attorneys in Dallas. Please check it out. Good Luck!

[sdeb]

This wasn't a drug charge though...

My mistake. . .someone else was asking about a deportation with drug charge. whoops.

[Daniel Green]

Hello, my cousin is a legal resident. He is being a resident for more than 15 years. He had some tickets and when to jail to pay the tickets with time (he wanted to save some money). After being in jail for 4 days they sent him to an immigration jail (homeland security). The reason was that he did not have his green card with him and they wanted to make sure that he was a legal allien. After two days of interrogation without an attorney he called us today and he said that they are charging him with smuggling an ilegal allien (he has never done this). Also they told him that is time for him to find an attorney. Could someone help us? Could they deport him? We are in Dallas, Texas. All this happend last Friday

Your cousin shouldn't tell anything to I.C.E (the DHS police). He shouldn't admit to the smuggling charge, either verbally, or in writing, to I.C.E. If your cousin is an LPR the burden is on I.C.E. to prove that he is deportable from the United States as an alien smuggler.

Your cousin should find a lawyer and he/she should request a bond hearing before an immigration judge asap. He has a right to do this.

Your cousin may also be able to bring a civil rights violation related suit against I.C.E, but that's not my area of expertise and I think the most important thing is preventing your cousin's deportation.

[ggfrisco]

We don't know how or why they are charging him with this. We haven't being able to talk to him and we are not sure about the charges. We went to see an attorney and he told us to wait until we have the "Notice to Appear" and then we can do something. However, don't know how long it will take for us to get the Notice.