Q: Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY.
Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY. After he is released will ICE attempt to deport him?
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A:
In this situation, it's possible that your brother-in-law may face deportation proceedings after his release, depending on several factors:
1. Immigration status: If he is not a U.S. citizen, he might be subject to deportation. Legal permanent residents (green card holders) and those with temporary visas can still face deportation if convicted of certain crimes.
2. Nature of the offense: Some crimes, such as aggravated felonies or crimes involving moral turpitude, can make an individual deportable regardless of their immigration status.
3. Prior criminal history: A history of criminal convictions can increase the likelihood of deportation proceedings.
4. ICE priorities: The current priorities of U.S. Immigration and Customs Enforcement (ICE) can influence whether they pursue deportation in specific cases.
It's important to note that ICE has the authority to initiate deportation proceedings against non-citizens who have been convicted of certain crimes. However, the decision to pursue deportation can vary on a case-by-case basis.
Your brother-in-law should consult with an experienced immigration attorney to assess his specific situation, understand the potential consequences of his plea deal, and explore any available options to prevent or defend against deportation.
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