Question???

My boyfriend (Currently being detained by INS), was told today that he is being sent to his country on Friday, October 4. He is being deported for pleading guilty to a crime involving moral turpitude. How does one file an appeal with the 1st Circuit Court? Can a person who is not a lawyer file this appeal? We have already spent thousands of dollars to Immigration Lawyers who talked the talk but didn't walk the walk, per se. Any advice would be great. Thanks-

Need more info. How was he here in the first place, what was his status. Was he detained as an immigrant or based on said crime?

Also, what state are you in and was the crime DUI? After being informed of an INS action, timing is everything. When was he informed of the deportation order etc.

He has been a LPR since 1996. The crime involved is Malicious Destruction of Property over $250.00. The property was his vehicle. He was sentenced to 6 months, served 59 days with the balance suspended, and 1 year probation. He was never notified by his court appointed attorney or the district court judge about the ramifications his plea of guilt would cause with Immigration. It is a state law that the attorney and/or district court judge disclose this information. We currently reside in MA.

An appeal with the BIA was already denied.

Andie, I find it very peculiar that he "destroyed" his own car and has been convicted for that (unless, of course, he did that in a reckless manner in a public place, such as burning it down or driving it into something)...

but the way he was convicted (1 year probation + the actual detainment) make him an "aggravated felon". Unless he can obtain an "executive pardon" from the governor of the state he resides and committed the "crime", there will no relief available for such a conviction.

Good luck!