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Collateral Attack - Other Immigration Law

Discussion in 'Immigration Issues' started by tsdanir, Aug 25, 2008.

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  1. tsdanir

    tsdanir Law Topic Starter New Member

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    If a LPR took a plea bargin in a criminal state court as a result of not being properly admonished and had erroneous advice from counsel that caused him to ultimately be held by the Dep. of Homeland Security and put in deportation proceedings after serving his sentence, could he then file a collateral attack and claim that he shouldn't be deported because of obvious misrepresentation and that the plea was made involuntarily based on such erronious evidence?

    Simple:

    Will an immigration judge consider a collateral attack when determining the validity of deportation proceedings or will a collateral attack be dismissed in immigration court?
     

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