Deportation, Re-entry reentry

[sausabino]

My friend was deported, reenter illegally, was re-arrested, & now ,NY Parole is saying that he violated his parole...but what parole if he was deported from upstate in the first place..Is this illegal? They told him he has to do all his parole time upstate NY..Is there a way to contest this??

 

[army judge]

My friend was deported, reenter illegally, was re-arrested, & now ,NY Parole is saying that he violated his parole...but what parole if he was deported from upstate in the first place..Is this illegal? They told him he has to do all his parole time upstate NY..Is there a way to contest this??

I suggest you tell him to shut up, and ask for a lawyer.

There is no way YOU can help him, except by HIRING him a lawyer.

 

[fredrikklaw]

Serve Time and then be removed again!

SAUSABINO:

Unfortunately, there is nothing to contest and what is happening to him, although not all that logical, is very much legal and is par for the course.

You see, an alien who is found to have committed an Aggravated Felony (for immigration purposes) is subject to apprehension and removal, but I.C.E. (Immigration and Customs Enforcement) will make sure that the alien serve any pending or remaining jail/prison time and also comply in full with any other court orders arising from the conviction leading to removal proceedings.

So, your friend will be serving whatever the appropriate time the New York Penal Statute proscribes for parole violation as per normal, and once completed, he will once again be handed over to I.C.E. for removal proceedings.

That said, your friend should count his lucky stars he is not being made to also serve Federal Prison Time for entering the U.S. after having been removed.

fredrikklaw