QUESTION

What are the chances of him fighting a DUI case and avoiding deportation?

Asked on Aug 29th, 2012 on Immigration - California
More details to this question:
My husband was picked up by Immigration and Customs Enforcement at our house. We have two kids. I have my citizenship interview in about a week. He was first held a county facility in Yuba County then transferred to Bakersfield. He has a DUI and got deportation issued back in 2002 due to failure to appear in court.
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4 ANSWERS

Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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He must see an attorney as soon as possible. He needs to reopen the deportation case or he will be deported immediately.
Answered on Sep 13th, 2012 at 12:54 AM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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That would depend if he had notice of the original deportation hearing and why he was issued deported. A motion to reopen must be filed right away. *Motion to reopen* A motion to reopen must be prepared. This is a movement we need to unite and prepare all other measures and requests. Unless the motion to reopen is granted, the case can not proceed. Once the motion to reopen is filed, there are two possible outcomes. First, the motion could be granted. If this is the case, then we can enter into an agreement to represent the underlying issue. Otherwise, the motion be denied. If he refuses, then it must be challenged. In addition to the motion to reopen, a motion for stay is usually required so that there is no immediate enforcement of the deportation order. Attorney fees (fees and expenses not included) The total attorney's fees will be $ 4,500.00.
Answered on Sep 13th, 2012 at 12:27 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. It sounds like your husband already has an order of deportation from 2002. I strongly suggest that you contact an experienced criminal law attorney for his DUI and an experienced immigration attorney for his removal/deportation case for a face-to-face consultation and give him/her all of the facts surrounding his case. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Sep 07th, 2012 at 3:56 PM

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His 2002 removal case must be reopened for him to seek relief as your spouse. Reopening is also important for his release in addition to DUI conviction. To qualify for relief he must have entered the U.S. lawfully. He has a host of issues and must consult with an immigration attorney for a review of his immigration history in order assess his current situation.
Answered on Sep 07th, 2012 at 2:15 PM

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