QUESTION

What can I do if I was sent to ICE custody and I’m facing deportation now for a DUI?

Asked on Apr 16th, 2015 on Immigration - New Jersey
More details to this question:
I was arrested while driving with my lights off at an average speed of 25mph. Officer asked me if I had drunk and my answer was yes, only one beer in the last two hours. He did some tests to me but I passed them all including the breathalyzer. They took me to jail and did another breath test and I passed it too. Finally, they did the blood test to me but while waiting for my release, they didn’t let me go until the ICE officer showed up.
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4 ANSWERS

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. Since we do not have all the facts, it is impossible to give a completely accurate answers. Are you here legally or illegally? Do you have a green card? If you do not have a green card and are undocumented, you are being deported because of your illegal presence in the U.S. and not because of the DUI. I strongly suggest that you contact an experienced immigration and criminal defense attorney for a face-to-face consultation and give them all of the facts surrounding your situation. They would then be in a better position to analyze your case and advise you of your options.
Answered on Apr 21st, 2015 at 2:39 AM

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If you are in the U.S. without a legal immigrant or visa status, ICE does not need you to have a DUI conviction: being illegal is enough reason for deportation. But the way the deportation will proceed, and the possibility to obtain relief from removal will depend on whether or not you have a conviction. Remember, not just an arrest, a conviction is what counts - or your statement admitting that you have done the act for which you could be convicted of the particular crime. So, don't enter *any* pleas in the criminal court - even if it sounds OK, and you will not have to go to jail, and there will be no record of conviction, etc., etc. Do not enter any pleas even if your defense attorney tells you to do it - unless he assures you that he checked and made sure that the proposed plea will not affect your immigration situation and eligibility for relief from deportation. Generally, when you find yourself in removal proceedings, it is a good idea to get an immigration attorney. In your case, it would be better to have an immigration attorney who also does criminal defense. Good luck!
Answered on Apr 20th, 2015 at 6:42 PM

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Sexual Harassment Attorney serving Brooklyn, NY
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You need to retain a Criminal Defense and an Immigration attorney ASAP.
Answered on Apr 20th, 2015 at 1:26 PM

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General Practice Attorney serving Edison, NJ at The Law Offices of Peter S. Kollory
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The safest way to avoid removal is to have DUI charges dismissed. In order to do that you have to plead not guilty and try the case. Meanwhile seek continuance in removal hearing pending outcome of DUI case. You need an attorney with these areas of practice, or a small full service firm that can also handle immigration.
Answered on Apr 20th, 2015 at 1:18 PM

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