No more justice in America

[BLAKCAJUN 25]

This doesn't make sense. Was she actually convicted of a crime? Did she plead guilty? Was there a trial? Did she pull the knife on you, or on the cops? If she pulled it on you, you'd have to file charges against her before she even is convicted of any crime.

If she was just arrested, that won't qualify for deportation.

It depends on the state. Charges can be filed even if he didn't press charges. Also, suicide and attempted suicide in most states are crimes. In my opinion, try to keep the cops out of your personal affairs as much as possible unless of course your life is truly in danger.

[del-2-5-2014 1,339]

 

Why would you open the door for the Cops, unless either of you felt life-threatened? The damage was done. Too late to fix the problem. Learn and move on.

Neighbor called the Cops.

What would be his defense for not opening the door for law enforcement?

[Protocol417 161]

That is really ridiculous and I'm sorry about some of the heartless responses you've received. If we were really concerned about freedom and justice, your wife would've gotten the mental help she needed instead of the boot.

I get really concerned when I see all the foreign national spouses on here going on and on about how great America will be and how they can't wait. It's true that it will likely be better than their home countries in many ways, but I can't help but feel that they are going to have a harsh, cold run-in with reality at some point.

[Caryh 5,206]

Neighbor called the Cops.

What would be his defense for not opening the door for law enforcement?

Not to mention when the police open the door for you.

[del-2-5-2014 1,339]

That is really ridiculous and I'm sorry about some of the heartless responses you've received. If we were really concerned about freedom and justice, your wife would've gotten the mental help she needed instead of the boot.

I get really concerned when I see all the foreign national spouses on here going on and on about how great America will be and how they can't wait. It's true that it will likely be better than their home countries in many ways, but I can't help but feel that they are going to have a harsh, cold run-in with reality at some point.

And DOS is partly responsible.

While it may never happen adn may have other issues, but I think a special visa class should be made available for anyone that has been approved by USCIS. We hear more of this horror stories from countries that don't have VWP and are mostly not afforded the opportunity to visit the US on a first hand basis.

I've been thinking about this and not sure how the OP can salvage this tragic situation. Compulsory sentencing just doesn't seem right and it's not a one size fit all solution.

[sparky952 3]

Gowon is most correct legal counsel is 5k per court visit here in the usa if You are ever arrested you better have not less than 30k in cash in your pocket.

she was charged with 417 (a)(1)pc

judicial punishment is 30 day or community service plus probation. DA specified wordage addendum that only applies to immigration issues since 417(a)(1) is not deportable in and on itself

we are trying to get immigration atty but need 50k or more and we don't have it. so as stated above America is justice for the rich only

[sparky952 3]

I was outside talking to neighbor when cops arrived, they took statements from us and again the audio statement's in no way reflect the written statements.

Everyone here is ASSUMING that cause police came she was threatening lives, that was the basis of her trial and instruction to jury were in fact police came so must be threatening lives. Though MY statement never said such fact and neither did hers. Another neighbor backed us up as well, but to no avail

[Caryh 5,206]

And DOS is partly responsible.

While it may never happen adn may have other issues, but I think a special visa class should be made available for anyone that has been approved by USCIS. We hear more of this horror stories from countries that don't have VWP and are mostly not afforded the opportunity to visit the US on a first hand basis.

I've been thinking about this and not sure how the OP can salvage this tragic situation. Compulsory sentencing just doesn't seem right and it's not a one size fit all solution.

DOS doesn't create the laws that allow people to come to the USA, they just carry out those laws. The problem lies with Congress not passing a clean, clear and thoughtful immigration law. ITs currently a bunch of patchwork laws that are layered on top of old laws.

I'm not sure how the OP can salvage this situation either. Had they acted early before the conviction, she may have had a chance. But given their apparent financial situation, looks like they relied on a hoping justice was free. The USA does not have a justice system, it has an adversarial legal system. In other words one side tries its damndest to convict, and the other tries its damndest to prevent conviction. The idea being the truth will come out in the end. But without matched legal representation, the one with the best lawyer wins. They should take the sword out the lady justice statue hands and replace it with a cash register.

I don't know how the one poster thinks that sugar coating and giving sympathy will help the OP. He's gotten one hard dose of reality dished out to him, and he needs to realize he's got an uphill battle and will need help to solve it, not a bunch of kind words. People demanding an end to domestic violence have gotten such harsh uncompromising treatment into the immigration laws. If its an immigrant who's beating up their American spouse we're all praising the law. But when it goes wrong, such as it may have in this case, then they want to complain about freedom and justice. I know of a starting point that may help him in my community, and there might be organizations that can help him where he is to.

[Boiler 45,538]

It is not an immigration system, seems that it was the inability of the accused to either present a coherent defense or appoint a lawyer to do so.

[Caryh 5,206]

I was outside talking to neighbor when cops arrived, they took statements from us and again the audio statement's in no way reflect the written statements.

Everyone here is ASSUMING that cause police came she was threatening lives, that was the basis of her trial and instruction to jury were in fact police came so must be threatening lives. Though MY statement never said such fact and neither did hers. Another neighbor backed us up as well, but to no avail

I'm not making that assumption. I am making the assumption there was a loud fight going on and that caused the police to be called and come there. If the judge truly informed the jury to disregard facts and rely on written statements of officers that didn't match the evidence, there should be grounds to appeal.

Look for a local legal aid and immigrant aid organization. I know we have one in Minnesota, and they help low income immigrants and families when they get in trouble like your wife is in. They often provide pro or can help find bono lawyers.

[del-2-5-2014 1,339]

DOS doesn't create the laws that allow people to come to the USA, they just carry out those laws. The problem lies with Congress not passing a clean, clear and thoughtful immigration law. ITs currently a bunch of patchwork laws that are layered on top of old laws.

I'm not sure how the OP can salvage this situation either. Had they acted early before the conviction, she may have had a chance. But given their apparent financial situation, looks like they relied on a hoping justice was free. The USA does not have a justice system, it has an adversarial legal system. In other words one side tries its damndest to convict, and the other tries its damndest to prevent conviction. The idea being the truth will come out in the end. But without matched legal representation, the one with the best lawyer wins. They should take the sword out the lady justice statue hands and replace it with a cash register.

I don't know how the one poster thinks that sugar coating and giving sympathy will help the OP. He's gotten one hard dose of reality dished out to him, and he needs to realize he's got an uphill battle and will need help to solve it, not a bunch of kind words. People demanding an end to domestic violence have gotten such harsh uncompromising treatment into the immigration laws. If its an immigrant who's beating up their American spouse we're all praising the law. But when it goes wrong, such as it may have in this case, then they want to complain about freedom and justice. I know of a starting point that may help him in my community, and there might be organizations that can help him where he is to.

You are right and I did not write that out correctly.

What I was trying to say is that tourist visa or some sort of visa can be auitomatically issued just by asking on approved petitions. They can limit it by saying t can never be adjustable in the US, is valid for only 6 months and has a lifetime ban for misuse.

Far fetched but still food for thought.

I was outside talking to neighbor when cops arrived, they took statements from us and again the audio statement's in no way reflect the written statements.

Everyone here is ASSUMING that cause police came she was threatening lives, that was the basis of her trial and instruction to jury were in fact police came so must be threatening lives. Though MY statement never said such fact and neither did hers. Another neighbor backed us up as well, but to no avail

What scares me more is justice not being expensive but court systems including it's officers and ancillary organizations that are downright criminal.

There is a Judge in Texas that was sentencing juveniles to a juveniel prison that he was being paid from. So the more he sent kids to juvenile prison the more kickback he got. How do you fight that?

It is not an immigration system, seems that it was the inability of the accused to either present a coherent defense or appoint a lawyer to do so.

It's party an immigration problem simply because the accused is getting prefential treatment of being deportable.

[khwaidee1 196]

Gowon is most correct legal counsel is 5k per court visit here in the usa if You are ever arrested you better have not less than 30k in cash in your pocket.

she was charged with 417 (a)(1)pc

judicial punishment is 30 day or community service plus probation. DA specified wordage addendum that only applies to immigration issues since 417(a)(1) is not deportable in and on itself

we are trying to get immigration atty but need 50k or more and we don't have it. so as stated above America is justice for the rich only

I don't practice criminal law but, the Calif. Penal Code Section that you referenced is a misdemeanor, not a felony. Since your wife is not out of status I don't believe they can put an ICE hold on her.

I don't believe your wife's conviction would subject her to USC Section 1227 (2)

(2) Criminal offenses

(A) General crimes

(i) Crimes of moral turpitude Any alien who—

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255 (j) of this title) after the date of admission, and

(II) is convicted of a crime for which a sentence of one year or longer may be imposed,

is deportable.

(ii) Multiple criminal convictions Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.

(iii) Aggravated felony Any alien who is convicted of an aggravated felony at any time after admission is deportable.

(iv) High speed flight Any alien who is convicted of a violation of section 758 of title18 (relating to high speed flight from an immigration checkpoint) is deportable.

(v) Failure to register as a sex offender Any alien who is convicted under section2250 of title 18 is deportable.

(vi) Waiver authorized Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.

(B) Controlled substances

(i) Conviction Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.

(ii) Drug abusers and addicts Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.

© Certain firearm offenses

Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921 (a) of title 18) in violation of any law is deportable.

(D) Miscellaneous crimes

Any alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate—

(i) any offense under chapter 37 (relating to espionage), chapter 105 (relating to sabotage), or chapter 115 (relating to treason and sedition) of title 18 for which a term of imprisonment of five or more years may be imposed;

(ii) any offense under section 871 or 960 of title 18;

(iii) a violation of any provision of the Military Selective Service Act (50 App. U.S.C.451 et seq.) or the Trading With the Enemy Act (50 App. U.S.C. 1 et seq.); or

(iv) a violation of section 1185 or 1328 of this title,

is deportable.

(E) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and

(i) Domestic violence, stalking, and child abuse Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in section 16 of title 18) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.

(ii) Violators of protection orders Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term “protection order” means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.

Trafficking

Any alien described in section 1182 (a)(2)(H) of this title is deportable

The State cannot deport her. If the matter was reported to ICE or USCIS, and the crime fits the criteria of 1227, which I don't think it does, then the USCIS will issue a NTA (Notice to Appear). You can seek relief under the NTA and always appeal to the BIA. If you receive a NTA then your money would be well spent on a top notch immigration attorney as it is extremely unlikely to get the underlying criminal conviction overturned.

Yes, 50K is a helluvea a pop but, I reckon there must be an immigration attorney that would do it for a lot less, these are very routine hearings. Out of curiousity, what language did the D.A. add? Was it added to the final judgment? Something doesn't sound right. The D.A. is an employee of the particular County where the case is prosecuted. He is neither a State nor Federal employee. I find it hard to believe that a county D.A. could add language to a misdemeanor conviction that would subject your wife to removal proceedings.

Good luck.

Edited June 25, 2013 by khwaidee1

[sparky952 3]

The DA insisted on D.V. addendum its not on the official crime or conviction, but under transcript They listed me as Victim even though I stated otherwise, that means D.V. and that why the deportation

[sparky952 3]

we contacted Immigration atty ( one of the best on west coast) His words the DA did everything possible to make this a worse case scenario. all attempts to plea or revise to strike deportable offense were refused.

[khwaidee1 196]

we contacted Immigration atty ( one of the best on west coast) His words the DA did everything possible to make this a worse case scenario. all attempts to plea or revise to strike deportable offense were refused.

Well, I think this is b******t, if she had committed D.V., then why wasn't she charged with that? What did the immigration attorney say about the next step? I believe a complaint needs to be filed with USCIS. And remember, his "D.V. Addendum" is only his opinion, she was not charged nor convicted with D.V.. There were no threats against you and no violence against you based on what you say.

The code section they charged her with is pretty damn clear:

417.

(a) (1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.

BTW, in what County did the conviction take place.