Cleveland, OH asked in Immigration Law for Ohio

Q: I have an immagration question: if you are detained by ICE and held in a prison waiting for court will he get deported

He had a felony charge and was doing everything they had asked of him has been in the u.s. for 20 years and is legally married with 4 kids owns a business and was detained by ice when he attended his probation meeting now is in a county jail 3 hours from home with no bail

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2 Lawyer Answers
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Whether someone will be deported after being detained by ICE depends on various factors, including their immigration status, the nature of the felony charge, and their overall immigration history. The fact that he has been in the U.S. for 20 years, is legally married, has children, and owns a business may be relevant in his immigration proceedings.

However, a felony conviction can significantly impact one's immigration status and can potentially lead to deportation, especially if it's considered an aggravated felony under immigration law. It's crucial to seek legal representation in immigration court, as an attorney can help present the case in the most favorable light and explore any possible defenses or forms of relief available, such as cancellation of removal.

The outcome of the case will ultimately be decided by an immigration judge based on the specific details of the case. It's important to prepare thoroughly for the court proceedings and ensure that all relevant factors are presented to support the case against deportation.

Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: This depends on the facts of his criminal conviction.

Since he is a green card holder that the government is trying to deport, he may be eligible to apply to the Immigration Judge for Cancellation of Removal for Permanent Residents using form EOIR-42B (plus supporting documents) if he meets each of the following conditions:

1. You have been a lawful permanent resident of the US for at least 5 years;

2. You have resided continuously in the US for a minimum of 7 years after being admitted to the US. in any status (prior to the institution of removal proceedings). Under the “stop-time” provision in INA § 240A(d)(1), the 7-year period since admission ceases to accrue:

“(A) …. when the alien is served a notice to appear under section 239(a), or

(B) when the alien has committed an offense referred to in section 212(a)(2) that

renders the alien inadmissible to the United States under section 212(a)(2) or

removable from the United States under section 237(a)(2) or 237(a)(4),

whichever is earliest.” ;

3. You have not been convicted of an aggravated felony; and

4. You are not inadmissible from the US on security grounds.

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