ExpertLaw.com Forums

Governor Pardoned on Criminal Charges, then What

Printable View

  • 12-09-2010, 07:43 PM
    Kitayg
    Governor Pardoned on Criminal Charges, then What
    Hello all,

    My cousin was on deportation supervision for almost 9 years because of ICE was unable to obtain his travel document from his origin country. He's now just received a clemency Pardon from the Governor of NYS on his criminal charges, Quote from the Governor " The full and unconditional pardon granted today should remove all grounds of deportability." I know that he's been living in fear that he may be separated from his family, so, does this award or pardon can help him to regain his legal status that he once had? (he was a legal resident until he committed a felony resulting in spent 4 years in prison and got his green card revoked from a final order deportation), I did some online researches for him and found that the same governor has pardoned another felon whose situation was almost the same as my cousin and he's now a US citizen...so, what should he do next? any expert opinions are greatly appreciated.
  • 12-09-2010, 09:03 PM
    Mr. Knowitall
    Re: Governor Pardoned on Criminal Charges, then What
    This pardon was granted on the basis of actual innocence? From what you say it would appear not. The state can say whatever it wants in a pardon, but if the pardon isn't granted based upon actual innocence the USCIS will normally continue to regard the defendant as having been convicted. I will grant the possibility of facts that might make him an exception, but I'm not in a position to know them.

    Is he working with an immigration lawyer?
  • 12-10-2010, 08:15 AM
    Kitayg
    Re: Governor Pardoned on Criminal Charges, then What
    No, he was guilty as charged. The pardon was given based on sympathy, because he had shown to the Governor that he had rehabilitated over the years and also being a productive member in our society. I've searched throughout this forum and did see people had mentioned that getting an unconditional pardon can prevent or stop the deportation order. I don't know if this can apply to him. I know that he had received his final D.O. back in 1996 while he was incarcerated and upon his release from prison he got transferred to ICE holding and was eventually released on supervision (reporting to ICE periodically). He presently does not have any immigration attorney representing him and is looking for one. This is the reason why I posted on this forum to seek opinions on the next step (like re-open his immigration case), so when he visit the random I/A he will know if indeed this lawyer can help based on the info gather from here. Thanks in advance.
  • 12-10-2010, 08:32 AM
    davidmcbeth3
    Re: Governor Pardoned on Criminal Charges, then What
    I would not vote for that governor..
All times are GMT -7. The time now is 11:32 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved