Richmond, CA asked in Criminal Law and Immigration Law for California

Q: can we fight immgration with this type of charge or is it still an aggravated felony with only a given 6 month sentene?

basically boyfriend who is also my daughters dad came illegally at 15, basically My bf got arrested for car jacking with a gun when there wasn't a gun involved or even found but the DA insisted on charging him with it anyways simply because the guy accusing him of it said there was. He just took a plea deal for 6 months and a strike to felony carjacking with a gun. no gun was found so I believe they may have taken that part off cause they couldn't prove it not sure though so it could be either with or without. He is in a jail known for giving immigrants to ICE if they were arrested for or convicted of a felony. Because the sentence was less than 6 months. We started to open a U-visa case due to him being robbed and assaulted 2 years ago but had barely started to open it when this happened. He has an old DUI that he won the case for. He has 2 tickets one for driving with no license, the other not stopping completely at a stop sign. He's never been charged with anything else.

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1 Lawyer Answer
Ashley Negrette
Ashley Negrette
  • Immigration Law Lawyer
  • San Diego, CA
  • Licensed in California

A: A firearm offense can have huge immigration consequences. You need to speak with an immigration attorney as soon as possible.

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