Tucson, AZ asked in Immigration Law for Washington

Q: If I am detained in county jail for 10-20 days, will I be deported?

I have a few small things on my record, and I was just charged with 2nd-degree assault. Although I was younger than 18 for everything on my record, I was tried as an adult for this charge and I am now facing jail time for 10-20 days.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: The answer depends upon the 'few small things.' Immigration law mandates removal for multiple crimes involving moral turpitude. If you were tried as an adult, then that may have been a mistake made long ago. It is unclear whether the criminal conviction orders can be re-opened, which is known as vacated.

Someone needs to review those 'few small things' before an immigration judge decides for you. You are entitled to an attorney only if you can pay for one or get pro bono assistance. If you don't need to file for relief, then that can be significant. You can be detained after serving your sentence in county jail if ICE claims that you are deportable, even if it is wrong. You can be deported, even if you have an argument, but are unable to present nor understand the argument. Once you are deported, you don't get 'a do-over!'

Most will have to pay for a competent and more experienced immigration attorney. I recommend that you seek help from your family before anything more life changing takes place. They should contact a competent and experienced immigration attorney, who can review the conviction record.

The above is general information, not legal advice, and does not create an attorney client relationship.

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: If you are not a USC, the charge is a crime of violence and an aggravated felony. Yes, you will likely be placed in removal proceedings to be deported. I suggest you contact an experienced attorney in your area who practices criminal defense and removal defense.

You will not be deportable for convictions in the juvenile system.

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