Q: My sister won her appeal. Will she still get deported for criminal charges she is not guilty of?
She is a permanent resident.
She went to 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 a few weeks ago. The mandate went trough March 14 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 appeal and was found not guilty of the criminal charges, this is a significant development in her case. However, an immigration detainer suggests that the Department of Homeland Security (DHS) has interest in her case due to her immigration status. It's important to understand that the criminal justice system and the immigration system operate independently of each other.
The fact that she was found not guilty may help her case, but it does not automatically eliminate the immigration detainer. The detainer means that immigration authorities wish to review her case before she is released. It's crucial to communicate this development to her legal representative or to seek an immigration attorney if she does not have one. Legal representation can be pivotal in these situations.
To prevent her potential deportation, her legal team should provide all necessary documentation to the immigration authorities, demonstrating her recent acquittal and arguing for the removal of the detainer. They might also need to address any remaining immigration concerns that could be unrelated to her criminal case. It's essential to act quickly and provide comprehensive information to support her right to stay in the United States.
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