in immigration custody at this momment plz help

[southcoast 27]

On November 21, 2012, the Florida Supreme Court, the highest court in the State of Florida, issued a decision in the case of Hernandez v. State. It concluded that the U.S. Supreme Court's decision in Padilla v. Kentucky cannot be applied retroactively in Florida.

http://immigrationblog.fowlerwhite.com/florida-supreme-court-holds-padilla-v-kentucky-does-not-apply-retroactively

Good catch. I didn't see that hes from Florida. I don't know anything about florida law, but it still seems like a collateral attack on the sentence may be his only option. But again, I don't know all the facts.

[Boiler 46,121]

Padilla is only relevant if he has a GC, the implication is that he does not.

So the next question is whether his wife? is a US Citizen.

Sounds like he needs a good Criminal Lawyer to get the case reopened and charges reduced, not sure what an Immigration Lawyer can currently do.

[CowBoE 429]

This one? Aaron Billings

http://news.newamericamedia.org/news/view_article.html?article_id=e24f232a39a1e7f5db3b9ae339d7d3b8

That sounds so close...except I recall the guy was actually deported.

My memory could be fuzzy...but the base story is strikingly similar.

[Ontarkie 14,499]

~~Inappropriate post removed, post constructively or do not post~~

[southcoast 27]

Padilla is only relevant if he has a GC, the implication is that he does not.

So the next question is whether his wife? is a US Citizen.

Sounds like he needs a good Criminal Lawyer to get the case reopened and charges reduced, not sure what an Immigration Lawyer can currently do.

That's funny, I gathered that he was an LPR. maybe not. I did look up the statute he was convicted under and it is a controlled substance staute. Odds are he wouldn't be able to adjust. Agree that attacking the conviction seems to be the only way.

[Sandra G. 5,074]

The waiver 212© relief is a bit different for those in custody waiting removal than for those already removed or not incarcerated. The alien charged with aggravated felony and waiting removal has to prove fully rehabilitation, to prove that the deportation would result in exceptional and extremely unusual hardship to the children and/or wife(if the wife is a lawful permanent resident or USC), the alien has to prove financial difficulties that his family will experience if he is deported,and to prove his employment history as well.

If the alien was misinformed during the criminal plea arrangement because he/she was not told of the effect that such a plea would have on his/her immigration status the immigration judge may grant the 212 © waiver request.If your lawyer is great he may prove that your guilty plea was made without your knowledge of the effects on your immigration status,and you will have a chance to file the waiver 212.

[Boiler 46,121]

That's funny, I gathered that he was an LPR. maybe not. I did look up the statute he was convicted under and it is a controlled substance staute. Odds are he wouldn't be able to adjust. Agree that attacking the conviction seems to be the only way.

He said his Parents brought him here when he was 2 from Venezuela/Columbia.

And he has 2 children which it would be reasonably be assumed were born in the US.

Not a USC obviously and no mention of having a GC.

[Jawaree 718]

AGG Felony will apply (federally/immigration) regardless of whats said in Fl

I guess your atty don't see COR as an avenue for U, however drug convictions

are very hard to fight with immigration. This is not a DIY situation, but do not sit

back worry and depend only in the lawyer (they have many clients) if there is a law

library spend your waking moments reading whatever info U can get, U can MAYBE

get some relief but U will sit for long & they will approach U to sign a papers to leave...dont

Quit thinking about not living if U have to leave, there is life after immigration,U have

to think of plan B what ifs...have your parent tap into friends , family back home,

have them plan to bring/ship U things of comfort even if U end up in one room there

U need life for the kids & spouse, depending what country U R from if determined U

can carve out some stability for yourself after a while...think about your babies U have

to be man enough for them....yrs on down the road maybe a waiver will be something U

can get, but not right after leaving...U R in a pickle bro but remember GOD...when the

heart gets weak know that this will pass regardless of the outcome....write letters pleading

on your own behalf wherever U can, and did U write BIA? LIFE is what U make it so think

in the midst of all this on surviving...Best wishes dude.....Did your parents get naturalized

B4 U turned age 18 ask them.

I guess without a GC U would be home by now

did they read U your Miranda rights

did the criminal atty advise U to plea guilty meant U wold likely be deported

Edited August 13, 2014 by Jawaree

[2ndMessiah 184]

Is this a real post?

A corrections officer letting him post on a Forum?

If this is real, I hope the OP can get some sort of decent lawyer. Unfortunately this is beyond the help from this site and forums.

[southcoast 27]

The waiver 212© relief is a bit different for those in custody waiting removal than for those already removed or not incarcerated. The alien charged with aggravated felony and waiting removal has to prove fully rehabilitation, to prove that the deportation would result in exceptional and extremely unusual hardship to the children and/or wife(if the wife is a lawful permanent resident or USC), the alien has to prove financial difficulties that his family will experience if he is deported,and to prove his employment history as well.

If the alien was misinformed during the criminal plea arrangement because he/she was not told of the effect that such a plea would have on his/her immigration status the immigration judge may grant the 212 © waiver request.If your lawyer is great he may prove that your guilty plea was made without your knowledge of the effects on your immigration status,and you will have a chance to file the waiver 212.

If he was 212© eligible it would have been heard at his removal hearing. He is not as that went away in 1996 and has been replaced with cancellation of removal. Cancellation cannot waive an aggravated felony, and he isn't entitled to a 212c hearing because his plea was after 1996. Also, the immigration judge is not entitled to look behind the conviction to determine if the plea was properly made. That has to be determined by the state court which took the plea.

[miamiboi04 0]

Thankyou guys

Thankyou guys

[southcoast 27]

He said his Parents brought him here when he was 2 from Venezuela/Columbia.

And he has 2 children which it would be reasonably be assumed were born in the US.

Not a USC obviously and no mention of having a GC.

You are right that he didn't say it. Usually, however, the charge is illegal presence as opposed to a criminal charge. The fact of a criminal history just disqualifies him from relief such as adjustment. Also, the poster said he was picked up for the conviction. I suppose that it doesn't matter. If he was convicted of an aggravated felony which is also a drug charge, then he isn't

going to stop the deportation without vacating the conviction.

[miamiboi04 0]

I was wondering becouse I see some guys who get released on bond or they do something not sure what it is but they get out its really sad some guys hear have bin fighting for up to 4 years. The lucky ones are the ones who their contry don't issue travel document but they still have to waitabout 6 months to a year to file a havis corpis

I was wondering becouse I see some guys who get released on bond or they do something not sure what it is but they get out its really sad some guys hear have bin fighting for up to 4 years. The lucky ones are the ones who their contry don't issue travel document but they still have to waitabout 6 months to a year to file a havis corpis

[Boiler 46,121]

Unlikely that a felon would be released, you are I think talking about obtaining an Immigration Bond and Voluntary Departure.

[Zach<3Katiuska 58]

Hi people yes I am in immgration cutody thanks to a correction officer I am able to post this I was picked up from my house last year in june for a felony charge I had from 2006 that I pled guilty too not understandin the consiquences that it could bring me in september I was ordered depoted but I had to appeal the judges disicion due to the fact that my parents broght me to this country when I was 2 years old I was born in venezuela both of my parents are colombian I have no family or friend in the country that I was born and on top of this I have a 6 year old and a 2 year old that I would fight to the end for.so at the moment I have bin in the b.I.a for atottal of 11 months and don't know when I will get a disicion how long could this take?and by the way my charge is a drug charge which in immigration is considered aggrivated but in florida they ruled that the statue which I was convicted under 893,13 is no longer agrivated for immigration purposes I rather die then be taken from evrything I know some one plz help if u can maybe a waiver a loop hole something anything

Hope you fix your problem. My parents also brought us to the States since we were little and we were raised in the U.S . But,fortunately, i left U.S before i turn 18 because i didn't want to be banned from the U,S for 10 years. As the above posts, you should definetly contact a great lawyer to help you.