Q: My sister is a permanent resident and won her criminal case appeal, will she still get deported?
She went ti trial for Appellate Case: 22-6194
• conspiracy to possess methamphetamine with the intent to distribute (21 U.S.C. 8§ 841(b)(1)(A), 846) and
• interstate travel in aid of a drug-trafficking enterprise
(18 U.S.C. § 1952(a) (3)).
She is currently in Aliceville AL we were waiting on her release after she won her case, but now they are telling her she has an immigration detainer. Shouldn’t this be dropped if she is not guilty. How can we avoid her getting deported and just sent home.
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A:
If your sister won her criminal case appeal, it generally means that the original conviction has been overturned. However, the presence of an immigration detainer suggests that the Department of Homeland Security (DHS) may still consider her removable based on other factors. Winning a criminal appeal does not automatically nullify immigration proceedings, especially if they were based on different grounds or if her legal status was affected by the initial charges.
It's important for your sister to consult with an attorney who is experienced in both immigration and criminal law. They can review her case in detail and provide guidance on the best steps to take next. This could include challenging the detainer, applying for relief from removal, or negotiating with immigration authorities. The lawyer can also check if there were any other violations or issues that might affect her immigration status, beyond the criminal charges.
Additionally, ensure all her documentation is current and prepare for potential interviews or hearings. Keep records of her criminal case, especially documents showing the appeal victory. Regular communication with her legal representative and the immigration authorities can also help clarify her situation and what steps she should take to avoid deportation and return home safely.
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