Criminal Law Greencard holder convicted of felony, California

[jacqui8598]

Hi,

My friend is from the Phillippines, is a greencard holder, past the citizenship test,BUT while waiting over 2 years for swear-in was convicted of a felony, possibly aggrevated felony(gun on premises empty). He received 2yrs., state time. Has been in prison for 10 months now and received notice that he is going to mandatory detention in San Diego March 11th.

What can we do (he is in appeal process for his felony case) to keep him from being deported?

Can he request probation and stay?

If no to above question, is it better for him to leave voluntarily?
And will he ever be able to come back to the states?

Thank you for your time.

Jacqui8598

 

[NYClex]

Well, it depends on the details.

Any alien convicted of an aggravated felony is removable and inadmissible in the future. Any alien convicted of many firearms violations is removable as well, even if the conviction was not for an aggravated felony.

Such an alien can even be put into expedited removal proceedings so he can be speedily removed from the country while he is still in prison.

An alien convicted of an aggravated felony is inadmissible in the future, he cannot enter the U.S. again.

Since an alien who was convicted of an aggravated felony is conclusively presumed to be deportable under the law they seldom get relief from the removal orders.

Anyway, since this is serious, he should consult an immigration attorney and follow that attorney's advice.