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Dad In Custody at US Border (From Canada)

Discussion in 'Immigration Issues' started by kaalirange, Aug 26, 2020.

  1. army judge

    army judge Super Moderator

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    Just keep thinking positive thoughts, don't let depressing thoughts control your mind.

    I predict that once the consulate official makes contact with you, things will begin to look better.

    Whatever you (or other members of the family do) don't discuss anya spect of the case with your father on the phone.

    Don't allow dad to say anything about teh case, except I'm innocent, this is all a big mistake.

    Jails and prisons in the USA ROUTINELY record all telephone conversations, so keep things cheerful, encouraging, and discuss simple, family matters.

    Whatever a person says that incriminates them can and will be used against them in a court of law.

    If that has happened, just make sure it doesn't happen again.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    If that is your dad you need to make the contact that ArmyJudge suggested now not later. He needs a lawyer badly.
     
  3. kaalirange4.0

    kaalirange4.0 New Member

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    My cousin just said that the news article linked was for sunday and he was there Wednesday night... I didnt realize when @army judge posted that , he was referring to the possibility that thay was him. I thought it was just a similar situation to kinda help @army judge in assisting me. But when I read your comment and checked the date I almost fainted.

    thankfully i was able to ask my cousin and he confirmed that it was cannot have been him. Manifest was also different.
     
  4. kaalirange5.0

    kaalirange5.0 New Member

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    My family is very pro telling the police everything in hopes of looking "good" in front of them - this is far from the case. I will try to relay that information for him, however, I'm scared of what has already been said.


    My Dad did mention on a phone call with my Grandpa that "be thankful it's not worse and that I'm saved" no clue what this means.


    He is honestly a victim of all this and the people who preyed on him to be clueless and their drug mule. Who knows how many times my father has unknowingly transported these illegal substances. (Again we don't know what even was found etc. just assuming). My Uncle's have gone to the place where my Dad's load was loaded... waiting for them to come back. I doubt they will be of any help.


    What we were also theorizing was that this has been going on for a while and the people who stole my Dad's truck and trailer potentially screwed up and to fix or get back whatever they had initially put into my Dad's truck... don't know how this would hold up in court. But the idea is that they didn't steal anything per se but obviously we haven't accounted for the extra cargo they may have been trying to retrieve etc. Damages were only typical robbery damages including window, ignition switch, etc.
     
  5. kaalirange5.0

    kaalirange5.0 New Member

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    UPDATE: My dad is being released and my cousin and uncles are gone to get him from the border. I don't think he has been charged with anything from what my Uncle has said... however, I don't know how true that could be. Is it possible that he has been released without charges? Can charges follow? Be mailed to us? Happy to have him home but want to know if our family will feel more pain or not... lol
     
  6. mightymoose

    mightymoose Moderator

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    Yes and yes.
     
    justblue likes this.
  7. kaalirange5.0

    kaalirange5.0 New Member

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    UPDATE: My Dad is home and he says there are no criminal charges... he says he is to return to the US for court to find out if he will be allowed entry to the US, which will happen in roughly 6 months. So technically as of right now, he is basically barred from entering the US.

    I still feel uneasy about the fact that he can still be charged and may have criminal charges etc... We will be getting an immigration lawyer from what my Dad has told me as he has just arrived and basically slept because he wasn't able to in jail. But again, everyone says he has no criminal charges... baffles me and I know its amazing to hear but I just dont feel that could be possible?

    The border agent told my dad when he has court in 6 months that there is no way he would be jailed and it would only be so that the judge can determine if my Dad is allowed into the US again or not.

    While I want to believe my Dad I also want a secondary opinion on the plausability of this entire situation. @army judge
     
  8. army judge

    army judge Super Moderator

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    Your father was there.

    I'd accept his representation as truthful.

    The good news is that he's home.

    He should speak to a lawyer in Canada.

    My GUESS is that he was held because he lacked proper documentation (or possessed suspect documentation) for entry to USA.

    If he's smart and his lawyers concur, he's better off staying on Canadian soil, and should forget attempting to reenter the USA.

    Best of luck to your family.
     
  9. mightymoose

    mightymoose Moderator

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    That all sounds reasonable.
    While it is possible criminal charges could follow nobody could say how likely it is. You should be able to ascertain that from the details your father provides.
     
  10. kaalirange5.0

    kaalirange5.0 New Member

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    It was 100% not for lack of documentation etc rather it was for narcotics found within his trailer... that's why I'm baffled as to why there aren't any criminal charges and he didn't even have to be bailed out.

    Again while I don't want to disrespect you why did you suggest leaving the US and not care about ever reentering? Is there any specific reason, just curious want to relay it to my Dad because he seems keen on being allowed to reenter.
     
  11. mightymoose

    mightymoose Moderator

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    It is possible that he was released without charges because they did not have sufficient evidence to hold him responsible for the contents of the trailer. They could issue a warrant at a later time though, which is at least in part why he may want to avoid the US.
    I would expect there is a much larger investigation in progress regarding that trailer and it will take time to complete.
    He should have spoken with an attorney by now.
     
  12. kaalirange5.0

    kaalirange5.0 New Member

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    He has some immigration charges etc and he has to go to court to basically determine if he will be allowed to reenter the US. He could have forfeited his right to a trial and just accepted no entry however he initialled that he wants to have a trial etc.

    If he has a warrant (god forbid) in the US can't he just simply be extradited to the US from Canada? Like if he gets pulled over or anything won't a warrant from the US come up or how does that work? Sorry, don't know much.

    He has not spoken to an attorney yet however we are in the process of finding an Immigration attorney from Michigan I believe, Would you suggest we hire a criminal one as well? However, from what I see there are no criminal charges. Thank you once again
     
  13. army judge

    army judge Super Moderator

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    If he could be imprisoned, why return?

    He's safe in Canada.
    He was NEVER arrested in Canada.
    Heck, living in the USA is great, but there are other countries that are also great.
    At any rate, whatever he decides he should do so AFTER he has retained an attorney and consulted with the attorney.

    The US government (as have all governments) has lied to citizens and criminal suspects.
    Trust but verify.

    Anyway, support your father, and I wish your family the best as you work through this.
    Dad is home, and that is a blessing.
     
  14. army judge

    army judge Super Moderator

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    Probably because the trailer was sealed, and the seal remained UNBROKEN.

    I suggest you rejoice that dad is home, and let dad determine what he wishes to do.

    If you want to help, ask him to talk to a couple immigration attorneys in Canada, and make sure he speaks to the Embassy.

    The US government makes promises, only to break promises later.

    Our prisons and your prisons are full of people who were lied to and promises were broken.
     
  15. kaalirange5.0

    kaalirange5.0 New Member

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    What if he is charged in America and has a warrant out for his arrest? Is he safe in Canada? That was what I was wondering. I whole-heartedly believe that he should stay in Canada as all our livelihood is here and he will. The idea was that he wanted to continue supporting us and working and would have to cross the border to make good money for loads.

    However, the money in trucking is not in Canada rather crossing the border, but at this point even forget about the money I think I want my dad to retire and live off his properties.

    Sir what do you mean by the US government lying to its citizens etc. I don't quite follow. What do I trust and verify? What promises do they make only to break later?

    I will make him talk to the Consulate and a few immigration attorneys.

    You are one of the biggest driving forces for me to become a lawyer. You are the lawyer society needs. I respect you and you deserve God's greatest blessings.
     
  16. army judge

    army judge Super Moderator

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    The most recent episode should indicate to him that he might be better off driving loads in Canada.

    I bet e's never been arrested for anything in Canada, and he was arrested for some scary stuff in the US. If it happened once, it could happen again.

    I have no idea if he'll be charged with anything.
    I can say that people have been told no charges, yet the government turns around and the person was charged.

    I believe in living an uncomplicated life.
    I want the government to forget I exist.
    I avoid all trouble.
    I am not afraid, just enjoy living unmolested.

    Your consulate officials have seen this before, and can offer him some firsthand information.
    For all we know, certain people might get preyed upon.
    I trust no one but me.
    That's what your dad should do, trust in himself.
    People deceive and abuse others regularly.

    You're most kind to say that, but one of the reasons I became a lawyer was to right the wrongs for as many people as I could.

    Every now and then, someone comes along who has been misused by society and I have to speak out.
     
  17. kaalirange5.0

    kaalirange5.0 New Member

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    You are correct that he has never been arrested or even gotten so much as a ticket here in Canada or even the US barring whatever happened a few days ago.

    He agrees that he doesn't need to return to the US and he won't.

    The only real lingering question I have now is that if he is charged by the US, will he be given a warrant out for his arrest in Canada? Will he have to answer to those charges? Even if he agrees to never as much as come within miles of the US? He currently has immigration charges and that's about it.

    We honestly have not gotten a lawyer as of yet as my Dad is just recounting the trauma and the experience to close family members and is catching up on sleep. To be frank, today went by really fast, its really only been about 15 hours since he's been freed. So I don't want to push him.

    Financially we can more than afford a lawyer however, what is an estimate we can assume for his immigration charges? Would they even be worth fighting if he has no plans on returning?

    Should we talk to a criminal attorney? No formal criminal charges from what I see.

    I was having a dilemma between a lucrative business career that would entail no pay ceiling. But after this entire ordeal, I think my mind is set on pursuing Law and focusing on becoming a reflection of you. No matter how much I get paid. My uncles were telling me about how they have heard about other truck drivers (my uncle's are truck drivers themselves so rumours get spread quite quickly around the community), less fortunate be locked up without representation or family to help them out. Newcomers from other countries etc. I think in my life I owe it to working Pro-Bono for these less fortunate individuals who get prayed on by gangs and evil people to be their disposables.
     

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