Hi, my husband is mexican i am american and we have 2 american children together, he was on probation and the probation officer violated him for moving out of my mother's house at 10:00 at night without her permission. well we had to leave my mother kicked us out and the police made us leave. now he is in jail and there is a I.C.E. detainee on him and they say they are going to deport him back to mexico. does anyone know if their is a chance of him staying here in the u.s.? he has court on the 25 for the violation and then he gets sent to alanta to have a deportion hearing. does that mean they will send him back for sure or what? please help!!!!!!!!!!
if you have any advice on what i can do please e-mail me ssramones2@aol.com. thanks for reading

Well

I think there are afew facts missing here in this story for the p.o. to violate his probation for leaving the house. sounds like the police arrested him that night maybe?

In anyway you need a criminal attorney with immigration background/knowledge.. or vice versa. dont even think about using a attorney without immigration background and having expereience in removal proceedings, cacellation of removal etc.

GET AN ATTORNEY FAST or he could be in mexico real soon

You did not mention what his original offense was that got him into probation in the first place. That will go a long way in determining if he falls under any of the deportable crimes. Help us help you...more info please.

I agree with 4now. Get an attorney fast.

If you cannot afford one try this page for free legal advice
http://www.usdoj.gov/eoir/probono/states.htm

Good luck.

hey sorry well he did not get arrested that night he got in touch with the p.o the next morning she acted like everything was okay. the next week when he went into her office that is where they arrested him. he is on probation for simple assult against me and i have the same charge on him but i got a "slap on the hand" and he got 2 years. unfair!!!

ship this douchebag out of my country tomorrow...who needs this $hitbag????

You do not know my husband. everyone makes mistakes and he has not hit me ever since that ONE time!!!!! he is a great husband and father. he loves his family and regets hitting me and that was almost 1 1/2 years ago...so please people do not judge people because they made a bad choice.

my advice is not to try any of all thoes lawyers ,,with all due respect for u verbalist,,1-bcoz ther not really free,,2-60% of thoes lawters were suspended and ther not allowed to practice law,,and u can run ther bar number on the bar of assosiation web,,dont deal with them,,what u can do,,call the san diago county bar,,and they will refer u to a great attorney,,and when they do u will get a 45 min free ,,so go ahead and call then and get 3 or 4 names,,and called them all,,dont mention that u have spoked with other lawyers,,talk to them all and c what obtions u have,,good luck,,bcoz normally they charge $200 for phone cusnoltation,,but if u say u were refared by the san diago county bar,,they will talk to 45 min for free,,good luck

[QUOTE]
out of my country QUOTE]
Funny! Last time i checked the U.S was still been called The "United States of America" and not The "United States of Someone12" so get a grip asswipe...

quote:

Originally posted by ssramones2:
hey sorry well he did not get arrested that night he got in touch with the p.o the next morning she acted like everything was okay. the next week when he went into her office that is where they arrested him. he is on probation for simple assult against me and i have the same charge on him but i got a "slap on the hand" and he got 2 years. unfair!!!

Hello ssramones2,

Assault is a crime of violence against another so I would think that falls under aggravated felony (same as domestic violence). Do not take this lightly with USCIS. It may say "Simple Assault" in criminal court but carries more weight with immigration.