QUESTION
What can I do if my boyfriend is an illegal alien and was arrested for a drunk driving?
Asked on Jan 13th, 2011 on Criminal Law - California
More details to this question:
My boyfriend was arrested drunk driving and having no license. He is illegal. Will he be deported? Can I do something to stop it?
16 ANSWERS
DWI is not considered an aggravated felony, nor a crime of moral turpitude, so it is unlikely he will deported as a result of the conviction, but if he is placed under a federal detainer, he may face deportation for being here illegally. You need to contact an immigration attorney to discuss if there is anything that can be done to change his status.
Answered on Jan 22nd, 2011 at 7:28 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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He will probably not be deported for the DUI. Generally, they will only deport for felonies because of resource issues and priorities; however, it is possible. You should discuss this issue with an immigration lawyer as soon as possible.
Answered on Jan 17th, 2011 at 7:13 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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He will in all likelihood face deportation status but the ultimate answer depends on many factors.
Answered on Jan 17th, 2011 at 2:58 AM
All is not lost. However, you need to hire an attorney to help out on this problem.
Answered on Jan 15th, 2011 at 10:58 AM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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If they did not keep him in custody, they probably will not deport him. It's usually the jailers that notify ICE. He should make all his court appearances and comply with all court orders . that way he will keep a low profile. If he wants to avoid making the court appearances he can retain counsel. we handle many of those cases and would be pleased to talk to him. call Tom Mueller.
Answered on Jan 14th, 2011 at 1:13 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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That will depend on whether or not the authorities report it to the feds or if the feds notice he was picked up when doing a lien check. I had a similar type of case where the feds found on and put a federal hold on my client; but that was little different since death resulted in the accident and your case is just a drunk driving. It's a coin toss really.
The best thing you can do is get him a good DUI attorney. Even if the feds don't find out about his status, he is still facing very serious trouble, especially with no license. Jail is a good possibility. Retain a good DUI attorney soon.
Answered on Jan 14th, 2011 at 11:43 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You? Nothing, except hire him an attorney, or have him apply to the Public Defender if he qualifies. Yes, illegal aliens face potential deportation for crimes. He would have appeal rights in those proceedings, so you could hire an attorney for that. If serious about hiring private counsel for him, feel free to contact me.
Answered on Jan 14th, 2011 at 10:58 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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The best thing to do would be to consult an attorney who specializes in immigration issues. You will also need a criminal attorney to fight the drunk driving charges. The matter will depend largely upon the state in which he was arrested and his current work status. Unfortunately our firm does not handle immigration or employment issues but we do handle criminal defense and specifically drunk driving issues.
If the drunk driving offense occurred in the state of Louisiana and you need legal representation in that matter, we invite you to contact our firm.
Answered on Jan 14th, 2011 at 7:58 AM
1 Award
It really depends on your boyfriend's circumstances. For example, has he ever been deported before? Does he have any other criminal convictions? Have they placed an immigration hold on him? Has anyone ever filed an immigration petition/application for him previously? How long has he been in the country? Does he have children that are U.S. citizens or lawful permanent residents?
These are a few of the questions that would need to be answered before someone can tell you whether your boyfriend will be deported or not. As a general rule, however, one DUI is not a deportable crime, but, if they have placed an immigration hold on him, then you need to hire a lawyer who works in both criminal law and immigration law very quickly to try to avoid him being deported.
Answered on Jan 13th, 2011 at 8:28 PM
Geoffrey MacLaren Yaryan
If he was arrested and released, then they likely will not find out he is illegal. If he is still in custody he probably has an immigration hold, and he will be deported, there is nothing you can do.
Answered on Jan 13th, 2011 at 7:13 PM
Elmer H. Young
The legal defense of any such case does not vary with immigration status. What differs is the impact of a conviction or guilty plea. Hire the best, expect the best and pay for the best you can afford. Dismissal or acquittal solves all those problems.
Answered on Jan 13th, 2011 at 6:43 PM
You need an attorney that concentrates on both criminal law and deportation and removal proceedings. Some criminal defense attorneys do not work immigration cases and some immigration attorneys do not do criminal cases. DUI is also a subset of criminal law and you need someone who is familiar with all three, criminal law generally, DUI specifically and removal proceedings. Because the consequences can be cumulative, you want to hire a DUI attorney to start, but have him prepared to work on the immigration matter too.
Answered on Jan 13th, 2011 at 6:28 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
Those are two separate issues. Now, if I.C.E. notices that he is in custody and is illegal, they may initiate an immigration proceeding; but the DUI case is completely separate from the immigration case. Tell him to speak to a criminal defense attorney. He may also want to set up a consult with an immigration lawyer to discuss his citizenship status.
Answered on Jan 13th, 2011 at 6:28 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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If the cops figure out he is illegal they will turn him over to ICE but figuring it out is not easy. Usually cops figure it out if the guy has a thick accent and then they question him about immigration status. If we assume he does get reported to immigration I don't know what you can do. Find a good immigration lawyer. I don't know where you live but there is an excellent one named Phil Levin. Good luck.
Answered on Jan 13th, 2011 at 5:43 PM
He will be deported if ICE picks him while he is in custody.
Answered on Jan 13th, 2011 at 5:43 PM
Yes. You can help him hire a DUI specialist to prevent a conviction of DUI.
Answered on Jan 13th, 2011 at 5:43 PM