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  1. #1
    Join Date
    Jun 2006
    Posts
    6

    Default Diversion Program Caused Immigration Problem

    My wife was initially charged with 5th Degree Felonies for theft & RSP.

    Since it was a first offense, the court offered a Diversion Program that leads to having the case dismissed after a year. (Ohio)

    She went to her first interview with the Program Director and was actually detained directly from her office meaning the first day she officially entered the program.

    She was detained by I.C.E for deportation proceedings because she entered into a pretrial diversion program which required her to sign a document that the Immigrations Prosecutor is considering an admission of guilt although it is not. In addition, the document is not certified nor is it a public record meaning my attorney was unable to obtain it from the Docket at the county court building.

    She was denied bond because mandetory detention is requiered for these charges against her.

    Now, the attorney withdrew the diversion program and the Judge granted the motion for the case to be back on the active docket as Case Pending. The court is also willing to reduce the charges to misdemeanors (sorry about spelling) and consider the time spent immigration as time served.

    She has a serious heart condition which the government can care less about otherwise the Immigration would have granted Bond.

    She went to the OHIO county court for a year straight on $100 bond! We live in IL! IF she did not ditch that court, why would she ditch Immigration. She is NOT a flight risk.

    What are the chances of the I.C.E. Judge granting a motion for Termination of Proceedings due to the fact that the case is Pending as it originally was supposed to even on the Pretrial Program? Any advise or opinion of yours would be appreciated.

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Diversion Program Caused Immigration Problem

    I don't know that the change of plea deal will affect the immigration problems, as the ICE is proceeding based upon your wife's admission to the more serious offense. It would be a good idea for her to get help from an immigration lawyer who has expertise in deportation proceedings.

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