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Can Deportation Be Reversed

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  • 05-29-2011, 05:54 AM
    MartikaDays
    Can Deportation Be Reversed
    I'm hoping someone can help! My friend's husband was detained by INS last week and he was deported back to the country where he was born in. I believe he moved over here to the US (California) when he was 2 or 3 years old. When he got out of high school, his high school sweetheart broke up with him after their baby girl turned 5-months old. Due to the heartbreak, he dabbled with drugs to numb his pain of heartbreak (just as every average teenager who dabbles with drugs). Unfortunately, one night of partying landed him in jail when he got pulled over by the police and taken to jail for having an illegal substance on him (amphetemine). It so happened that the amount he had on him was a bit over than the norm, so the police convicted him with 'intent to sell'...which is not at all what he was doing. He spent about 8-months or so in jail paying for his crime..even though what he had was for personal use during his bad phase. Once he was released, he never touched any substance again as he learned from that horrible experience that it just isn't worth it. Shortly thereafter, he started dating a wonderful girl who years later became his wife. He has always been a hardworker and a very respectful and fun friend. He and his wife married 5-years ago and right after their wedding he received a letter from INS threatening the possibility of deportation because of that incident. Being blindsided by that letter, they hired a top notch law firm to assist with this unfortunate news and as the years went by, the laywers were taking care of everything on his behalf. Throughout those years, he and his wife were blessed with a beautiful baby. He remained a wonderful father, friend, hardworker, and was very much involved in his cultural community. Dealing with every day life distractions (being a family man with a full time career, living the American Dream [multiple home purchases]), he check in with the law firm to check up on how things are going and the replies were always 'things are going well, we're just waiting to hear back from INS on the next steps..we'll call you when we need info from you'). So, as the months led to years, the contact with the law firm became minimal since he kept getting the same answer 'good, it's just a waiting game now on next steps'. As the days went by, it was assumed that no news was good news as they were reassured by the law firm that they would be contacted immediately once their is a change. A few weeks ago they just shared with their family and friends that they're expecting their second child together. The excitement was fantastic for all of us...and then the horror hit. Last Monday he was driving his daughter (from high school relationship) to school (his normal morning routine), and a few blocks away from his home his car got barricaded by the police. Confused as to what was going on, the police arrested him right there and then and his daughter (hysterical) was walked back to her home and he was taken to jail. No one knew what was going on and before we knew it, he was in jail in Arizona. His wife made numerous calls to the police find out what's going on and no one would tell her. Finally, that evening she got a call from Arizona stating that he's being deported. Acting quickly, she called their attorney to find out what's going on and they had no answers for her so she and his family placed calls to friends and family for help. They were able to contact a new Immigration Lawyer who quickly started working on the case to try and postpone the deportation. They found out the the big law firm they had been working with for years dropped the ball. The new lawyer worked hard in trying to postpone the deportation date, but was not successful. My friends husband got flown out to his country of birth yesterday. It is so sad that the government can just pull the rug from underneath this beautiful family. My friend and her in-laws are now left to try and piece everything together to try to fix this. She is now left to raise her young son and her step-daughter all the while being pregnant and trying to figure out how she's going to keep a roof over their head since her one income will not cover all their expenses (mortgages, taxes, etc.). It's hard for me to believe that something like this can happen. He was wrongfully accused of 'intent to sell'...he's paid his annual taxes, has always paid his child support on time for the daughter he created 15-years ago, which his daughter practically lives with them. He's paid his mortgages in this failing economy and has always provided for his family. It saddens us all that this beautiful family has now been torn apart. My question to you is...

    What can be done about this? Because of a mistake that happened 14.5 years ago during a 'heartbreak phase'...which is he was wrongfully accused of ('intent to sell' when it was for personal use), his life and his family's life has been turned upside down. His new attorney thinks they may be able to reverse the decision, but is there really hope for this? Now we're scared that because he's in that country, it may make it more difficult to reverse the decision. Is there anything we can do? The community wants to help him and fight to bring him back, but we just don't know how. I would appreciate any advice I can get from this forum.

    I know I was supposed to keep this short and to the point, but after reading previous forums, it looks like a lot of questions are asked because the question is hard to answer due to not having enough info. So I'm hoping by writing everything down, it'll give you all a better idea on how to best answer my question. Please, please, please...we really just want to get him back to California so he can be with his family and see the birth of his second child. His wife and family need him...and we as his friends and community want to have him back as well.

    Thank you for your time...and I truly hope someone can help in providing us with direction on how to deal with this ordeal.
  • 05-29-2011, 06:34 AM
    cyjeff
    Re: Can Deportation Be Reversed
    Nice story.

    Most people don't decide to sell speed to get over a heartbreak. Most people don't turn to drugs to get over a heartbreak.

    Yeah, yeah... it takes all the romance out of the story if you just say that he was a moron and did drugs and sold a little. You can also say that he wasn't guilty but a court says differently.

    The family's only option is the one they are pursuing.... getting a new attorney and seeing what can be done. They may have a case around legal malpractice... but that is for another day.

    The wife and child can always do to where ever dad is to allow him to witness the birth of his child.
  • 05-29-2011, 07:09 AM
    Mr. Knowitall
    Re: Can Deportation Be Reversed
    How did the law firm "drop the ball"? If the kept him in the country for more than a decade despite his having a conviction for distributing drugs, it seems that they were doing something right. If you've read other threads, or picked up on the general atmosphere of the deportation proceedings, you have a sense of how seriously the USCIS treats drug trafficking convictions.

    Something else: Criminal charges almost always end with a plea bargain. When somebody is charged with intent to distribute based only on quantity, and there's some ambiguity in the quantity, it's not unusual for the plea bargain to be to simple possession. You make it sound like no plea bargain was offered. Was the conviction in fact the result of a plea bargain? The sentence suggests to me that there were serious aggravating factors here, such as his being accused of selling drugs to minors at the party, and perhaps plea bargaining away the "distributing to minors" part of the charge while pleading guilty to intent to distribute. Also, why would he take his entire, oversize personal stash to a party?
  • 05-29-2011, 07:19 AM
    cyjeff
    Re: Can Deportation Be Reversed
    Quote:

    Quoting Mr. Knowitall
    View Post
    Also, why would he take his entire, oversize personal stash to a party?

    The OP said it was because he was heartbroken.
  • 05-29-2011, 08:33 AM
    lurkertom
    Re: Can Deportation Be Reversed
    Undocumented alien couple? brings their young son to the US in hopes of providing a better life
    Young son grows up in the US but later dabbles in illegal drugs (using/selling) due to the heartbreak of a failed teenage romance
    Young man is punished (convicted?) for his crimes learns hard lesson and swears never to do it again
    Young man finds a new woman and changes his life to begin living the "American Dream"
    INS threatens deportation due prior convictions and questions about his immigration/citizenship status
    Young man hires a law firm to stop deportation and resolve sketchy immigration/citizenship status
    Young man is arrested after several years of "no news" and sent to AZ to be deported
    Lawyer #2 unsuccessfully attempts to stop the deportation leaving the wife, unborn child, and older children without the means to support themselves in the same manner as they've become accustomed
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