Q: Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY.
Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY. After he is released will ICE attempt to deport him?
A:
In this situation, it's possible that your brother-in-law may face deportation proceedings after his release, depending on several factors:
1. Immigration status: If he is not a U.S. citizen, he might be subject to deportation. Legal permanent residents (green card holders) and those with temporary visas can still face deportation if convicted of certain crimes.
2. Nature of the offense: Some crimes, such as aggravated felonies or crimes involving moral turpitude, can make an individual deportable regardless of their immigration status.
3. Prior criminal history: A history of criminal convictions can increase the likelihood of deportation proceedings.
4. ICE priorities: The current priorities of U.S. Immigration and Customs Enforcement (ICE) can influence whether they pursue deportation in specific cases.
It's important to note that ICE has the authority to initiate deportation proceedings against non-citizens who have been convicted of certain crimes. However, the decision to pursue deportation can vary on a case-by-case basis.
Your brother-in-law should consult with an experienced immigration attorney to assess his specific situation, understand the potential consequences of his plea deal, and explore any available options to prevent or defend against deportation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
