Deportation, Re-entry Husband being deported the 2nd time

[aocampo]

Hi, we would really appreciate any help on this case. Some background info on my husband, Ed's case.

1. Ed was admitted on 6/9/1985 in San Francisco, CA.
2. Ed was placed into removal proceeding pursuant to section 212(a)(2)(i)(II) of the INA, violating US laws relating to controlled substances.
3. On 7/11/05 Ed was granted a waiver from removal proceedings under section 212.
4. On 11/22/05, Ed was sentenced to 33 days imprisonment, 20 hours of community service and a $400 fine, after being convicted for PC 242/243(e)(1) Battery on Spouse or Cohabitant, according to INS' record.
5. However, Ed was actually convicted of PC 242/243(a) Simple Battery, a negotiated plea offered by DA and accepted by Ed and the original PC 242/243(e)(1) was dismissed by DA's motion on 11/22/05.
6. Ed was placed again into deportation based on INS record that he was convicted of 242/243(e)(1) during his interview to get his green card renewed.

Our questions are as follow:
1. Can INS deport Ed based on the dismissed conviction of 242/243(e)(1)?
2. If not, can we just file a motion to terminate the removal proceeding based on the fact that he was not convicted of 242/243(e)(1) and instead he was convicted of 242/243(a)?
3. Can Ed be deportable based on 242/243(a) conviction?
4. If not, can Ed still be deportable if the victim is me, his wife, which the court has issued a protective order for me against Ed, even though his conviction is 242/243(a)?
5. What other options do we have if he is deemed deportable on his 242/243(a) conviction since he's got a waiver already other than voluntary deportation?

-Allison-

 

[LawFrog]

Our questions are as follow:
1. Can INS deport Ed based on the dismissed conviction of 242/243(e)(1)?
Yes, he can.

2. If not, can we just file a motion to terminate the removal proceeding based on the fact that he was not convicted of 242/243(e)(1) and instead he was convicted of 242/243(a)?

You can still fight the motion, good luck battling it in court

3. Can Ed be deportable based on 242/243(a) conviction?

Yes he can
4. If not, can Ed still be deportable if the victim is me, his wife, which the court has issued a protective order for me against Ed, even though his conviction is 242/243(a)?

Absolutely, the case is rolling whether you change your mind or not.
5. What other options do we have if he is deemed deportable on his 242/243(a) conviction since he's got a waiver already other than voluntary deportation?

Maybe you need to ask yourself if this is really what you want. That of course is MHO

 

[Midlife]

Our questions are as follow:
1. Can INS deport Ed based on the dismissed conviction of 242/243(e)(1)?
Yes, he can.
Not true. A dismissed conviction is not a conviction for immigration purposes.
An expunged conviction is.

2. If not, can we just file a motion to terminate the removal proceeding based on the fact that he was not convicted of 242/243(e)(1) and instead he was convicted of 242/243(a)?

You can still fight the motion, good luck battling it in court

It would be an easy fight. Someone has already fought before
and succeeded. If you in the 9th circuit jurisdicition you already
have luck.

3. Can Ed be deportable based on 242/243(a) conviction?

Yes he can

Only if the record of conviction reveals that more than just a simple
offensive touching was involved.

4. If not, can Ed still be deportable if the victim is me, his wife, which the court has issued a protective order for me against Ed, even though his conviction is 242/243(a)?

Absolutely, the case is rolling whether you change your mind or not.

At least you got this answer right.

5. What other options do we have if he is deemed deportable on his 242/243(a) conviction since he's got a waiver already other than voluntary deportation?

Maybe you need to ask yourself if this is really what you want. That of course is MHO

I don't know the answer to this.

 

[aaronl]

Our questions are as follow:
1. Can INS deport Ed based on the dismissed conviction of 242/243(e)(1)?
Yes, he can.
Not true. A dismissed conviction is not a conviction for immigration purposes.
An expunged conviction is.

A dismissed conviction can be a conviction for immigration purposes, if there is an admission of facts by the defendant sufficient to constitute the offense. This would typically happen where the defendant pleads guilty, allocutes, and then successfully completes a deferred sentence.

 

[Midlife]

thanks

A dismissed conviction can be a conviction for immigration purposes, if there is an admission of facts by the defendant sufficient to constitute the offense. This would typically happen where the defendant pleads guilty, allocutes, and then successfully completes a deferred sentence.

Thanks for the explanation. I only meant in this pariticular case, where there was no admission of guilt, it is not.

 

[krlos]

I will visit this site http://www.stollermoreno.com/Overview.shtml

That law firm will be able to help. In my humble opinion. :yes: