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Arrested in 2006 and charged with felonies Deportation, Re-entry

Discussion in 'Immigration Issues' started by nicolas870, Oct 17, 2013.

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  1. nicolas870

    nicolas870 Law Topic Starter New Member

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    Hi, I was charged with serious offenses 7 years ago. The fact that I was innocent or that the police nearly killed me after tasing me 5 times while cuffed, peppered sprayed me or strangled me is irrevelent because the case is disposed of. I am lucky to be alive and although bitter, I am thankful to have recovered from this horrible accident. This however comes with immigration issues. I am a permanent resident and I plead nolo contendere and adjudication was witheld to the charges of 1 battery on a law officer, 2 resist arrest w violence, 3 resist arrest w/o violence and 4 possession of cocaine. I could not chance a trial as I was looking at jail time in case of a loss. I was given 3 years probation and was released after 1 1/2 years. During the procedings, I travelled abroad and upon my return the immigration officer told me about the possibility of loosing my status. I had no clue and always thought permanent ment permanent and not conditional. After research, I found out that I am deportable, to be detained without relief and deported and banned for life. Why has INS not started deportation procedings in the last 7 years? What is to become when my greencard expires next year and I apply for a renewal? Do I not interest immigration or my number just hasnt come up yet? The biggest problem here is that the state does not consider "witheld adjudication" a conviction but immigration does. Can this be argued in US Supreme Court? Why does immigration name my status permanent while it is conditional. Can this be argued in US Supreme cour as well? Why was not informed during my immigration procedings by interviewing officers that a permanent status can be lost. I thank you for your response as I am loosing a lot of sleep over these issues
     
  2. army judge

    army judge Super Moderator

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    You are a guest in this nation.

    As a guest, they can remove you upon their whim.

    If this worries you, retain an immigration lawyer and fight it, IF it happens.

    Or, return to the nation from whence you originated.

    The "authorities" don't acre about much, except things they wish to care about.

    Supreme Court case, bloody difficult, dare I say, bloody unlikely; certainly NOT free of cost to you to pursue.

    What you seek exceeds what our little website does, I suggest you retain a real lawyer in your city or county where you reside.

    Just so you know, you chose to PLEAD guilty to something.

    That plea always returns to trouble those who plead to things.

    Nevertheless, the plea was voluntary, so you admitted to something.

    Therein lies the potential pitfall for you.
     
  3. disagreeable

    disagreeable Well-Known Member

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    Expect to be deported when you apply for renewal and your history catches up to you.
     

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