For the most part, unless other issues are presented, an alien who has resided in United States for 8 years even illegally, has a right to see a judge,especially absent criminal record or previous orders of removal. But since he has already been deported, you must consult with an immigration lawyer who can request and review your husband's immigration case fie in sufficient detail. As a US citizen, you can file a petition for him that will start the process of his possible return to the US. I must advise that whether he can return to the US involves thorough inquiry into the hows and why of his present deportation and other matters that even you may not know at this time .I caution that any attempt by him to return to the US illegally may not only subject him to criminal penalties, for illegal reentry, it may also significantly extend the period of his ban for return to the US.
Answered on Jan 21st, 2013 at 7:44 PM