Can anyone help with this question? Last year my boyfriend was acussed of "traffacking ", he was arrested and served 5 months in jail. He was never prosecuted or pleaded. Immigration deported him on Preponderance of evidence. But while doing some research, I found out that Preponderous of evidence is usually used in a civil cases not criminal. Is Immigration Civil? Another thing when the case was presented in Criminal court the D.A. requested that the case be dismissed due to "Deportation". Their is no record of a conviction, I have already requested the file and this is very factual. The lawyer that handled the case, stated that there never were any charges because he was never convicted? He will charge me a couple of hundreds to try to have the case expunged. Any input, for the meantime my baby is away. We have a child who is an American Citizen and he has another child from a previous relation that is also an American Citizen. I am needed help, I know his rights were violated and how can the law allow this, think about it 5 months in jail and no plead?!!!!!!!!!!Makes me wonder was up.

You have not specified what trafficking means, if "human trafficking" maybe it falls under INS jurisdiction,hence he is "deportable" for some immigration violations or the nature of his visa or immigration status.
If it is "drug trafficing" that is another story.
Law enforcement is problematic lately and even more serious if you have case pending or history and that will continue to affect your friend's case as the lawyer cannot be of help at this point.

If your boyfriend had attempted to enter the US and was carrying drugs in sufficient quantity to have exceeded that amount considered for "personal use" he could have been found guilty of trafficking of drugs and could have been fined and jailed since he was NOT admitted to the US, but intercepted at the border.
If this is what happened, he is now ineligible for a visa of any kind. A finding of trafficking is very serious and could preclude his admission to the US for a long long long long time.
If your boyfriend was involved with trafficking in persons, (like trying to bring some other person to the US using fraud or smuggling techniques) he will not be going back to the US for a long long long time either.
Since it sounds like this "event" occurred when he was trying to enter the US, different rules apply. He does not have to be 'convicted' in the usual sense to be rendered ineligible for a visa for the rest of his life (actually, age 90). If he was found with a bunch of drugs in a suitcase or bag in sufficient quantity, the INS can make him ineligible...quickly. If he was caught with drugs after being admitted to the US, then he could have had a trial, etc. But if he was not admitted yet to the US, things are much much different.
Presumably he is not in the US now so your claims of his rights being violated somehow will be ineffective towards securing his return to the US.
If he plead guilty in a court and accepted deporation in lieu of a more serious sentence, well, that may be why there is no record of a 'conviction'.
If he was arrested after admission to the US, while in the US as a tourist, for example, then he went to trial and the trial was presided over by a judge. How is it that your assessment of whether or not your boyfriend's civil rights were vioalted is so much better than the judge's?
If your boyfriend accepted deportation, it will be a long road back to the US. He will need to:
(a) qualify for a visa - [tourist, for example]
(b) ask for and obtain a waiver for the drug problem (if that is what it was)
(c) ask for and obtain permission to reenter the US, from the Attorney General.

There will be NO guarantees that any or all of his requests will be granted.
Especially when someone is involved with drugs and drug trafficking.

Isn't amazing that a "good non-US-citizen" was deported by no fault of his own? Give me a break!

"If your boyfriend had attempted to enter the US and was carrying drugs in sufficient quantity to have exceeded that amount considered for "personal use" ".

Anon, I'm a bit confused here, what you are trying to say here is that you can bring drugs into the US as long as it is for 'personal use'?

I thought that any drugstrafficking was illegal, even the slightest amount. Unless you can prove that the drug is for medical use.

I thought I'd ask this because some people might get the impression that it is legal to do.

O'kay let me get specific. When he was detained by immigration it was at the Port of Entry, he was parole to the United States for prosecution. When he arrived at the Immigration Inspection he was asked if he had drugs? He was held in a room and two hours later was told he had a large amount of marijuana. He served 5 months in the county jail, and 4 months in Immigration detention. He never pleaded, he never went before a judge therefore he never had a conviction. Immigration held his hearing and the final results "according to his attorney" he was deported, for falsafying information when he applied for his Immigration status 12 years ago. Now how did Immigration go from a crimal charge Possession of Marijuana to falsifying information. This is strange wouldn't you say? Also,His attorney said he was "lucky" that Immigration did not file Criminal charges. Now tell me when did immigration become so friendly and considerate. There is something wrong with this picture!!!!!!!!!!!!!!!!

How is it that he had no rights, he was paroled to the United States, he was a lawful resident. He was held for 5 months. So are you saying that anyone can accuse you of anything and they will get away with it. A few months ago I was at the border, I was told to go to the Inspection station and a sticker was placed on the windshild of my vehicle. Since it was taking the Immigration officer such a long, long, time to come and my child was cold, I decided to look at the sticker. At that time an Inspection Officer approached me and told me "Maam, you could get in alot of trouble for reading that" I asked why, its my vehicle and I would like to know what is written on the sticker. His replied: You have no business reading that. Now is it not my right to see what is being place on my property? According to Immigration its NOT. So wouldn't it had been my boyfriends right to have seen what they accussed him of having?

first to Xandtrick: If a person is caught with ANY drugs at the port of entry, they will be denied admission; the only difference as far as their future is concerned (in regard to ever being readmitted to the US) is whether or not they were carrying drugs in a small or large amount.
A person carrying a small amount will be inadmissable, but could obtain a waiver some day. A person considered to be a drug trafficker by bringing enough that it looks like he/she is going to sell it, well, that person is toast! The chance of a waiver under current law is about zero.

That is why I made that statement; the person writing about her BF said 'trafficking' as opposed to 'carrying' - there is a BIG difference when it is time to ask for a waiver. Both carrying or trafficking means no admission for a long long time - (and with darn good reason, in my opinion--why should we import drug dealers or users?)

To Ann: Your BF went to court, presided over by a judge and a verdict or plea rendered or accepted. Case Closed. Next we will hear how the INS 'planted' a big bag of marijuana or something on your bf, right? If your bf was carrying drugs, then he pays a penalty. Our laws don't say "it's ok to bring some drugs if you have an American girlfriend."

Ann:
Why do you complain? he is VERY lucky to have ended the way he did!
I know somebody who was stupid enough to do something similar, he ended un 8 years behind bars in a federal prision!
Of course, he is also banned from visiting the USA.
In many other countries, he would have received either life or death penalties.

You don't understand English? First, my bf never went before a JUDGE for the charges. Therefore, a verdict was never entered. NO PLEA, NO BARGAIN, (In ENGLISH) he was detained and incarcerated, never having his case (Criminal charges) heard in front of a JUDGE. In his case (before the Immigration Judge)the paperwork showed that he had a 5 year probation sentence, when IN FACT he didn't. His certified paperwork from the District Courts, has "CASE DISMISSED". So you see, the law doesn't say because you have an American Citizen girlfriend you can break the law, but it does say this much Having an Amer. Citizen gf can help By getting to the bottom of this. I know this is going to take time because, I have to gather EVERY PIECE OF PAPER that involves alot of leg work. Oh, yeah by the way if you know your law, a person can not be held more than 180 days in jail without a trial. He was incarcerated for 5-6 months and no hearing or plea. Then suddenly Immigration takes him to their facility, they too where running out of time as far as the time allowed to hold an individual. Their SOLUTION--DEPORTATION.

I can see your point, once you have your Constitution Rights executed in the UNITED STATES. For Future notes, we are speaking of the U.S. and only the U.S. !!!!!!!!!!!!!!!

Dear Ann: Yes, I read English, even when it is not coherent as was your initial "explanation" of what happened to your BF. I offered a variety of scenarios because your first statement was far from clear as to where, when and how your BF was detained/arrested or denied admission.
Since it is still far from clear what transpired, nothing much has changed except your BF has been deported.

No point in replying to you anymore, It is a waste of time.
I think Anon will agree.
This is an open forum, you cannot stop me from making comments about other countries, if I wish to do it.

Look I didn't mean to offend you, but I really have no interest what other countries do. I am very well aware that in other countries some people just don't have a chance, but what iritates me is that in this country we have the right to exercise our rights. I am also aware that this is an open forum, but to get sarcastic with the problem can also be viewed as "Answering to just answer" Hey I am serious about this problem, I have done alot of research and believe me I know I will get answers that are from a Professional perspective. I could bullsh?? and I know I am being bs, but you I am very serious about this issue. So again if you answer just for the Hell of it, please don't bother, I am seeking real solutions, and thanks for your time. If ANON agrees with you, than Hey, you are in a country where you have the right to exercise your choices.

O'kay, my situation is far from "coherent" as you put it. But you see that is what this case is all about, from the beginning it has been confusing and this is the way it was set up so they could justify the deportation, but here is the key element. As I am gathering all this information, I am going to seek legal counseling, but this is not going to happen until I get all the legwork completed. Your RIGHT for the meantime,he is deported, but I have faith that I will get answers. Hey, you think what I have written so far is confusing. Digest this! When my bf was first arrest a guy who was an investigator presented himself as an attorney. After doing my homework, I was able to figure out who he was, this is far yet from being over. But you know in our system in order to prove anything you have to have all "your ducks in a row" and that is my proposal in this whole ordeal. So you see,this is why I am being very serious about seeking answers and looking at what are the best approaches.

Ann: ok, so to avoid sarcasm and attempt to be constructive, could you answer the following questions:
1) Is (was ) your BF a green card holder?
2) If, yes, was he arrested/detained when he attempted to be admitted on this particular trip?
3) Were drugs found in his possession?
4) If he was denied admission, was he held in a detention center during this 5 month "trial" or review by an immigration judge?
5) Did he go in front of an immigration judge?
6) Did he have an attorney present?
7) What, if you remember, was the immigration violation they brought up from the past?
8) When he was deported, what was the section of law by which they ruled he was deportable?

Thanks for taking time to find and post the answers.

Hi Anon
I admire your patience

Ann, I know it is tough to be in this situation. Ya want your boyfriend with you and it's hard to be apart. If you answer all of Anon's questions (who incidently sounds a lot like Simon :) (compliment), he can probably give you a concrete answer for your problem. Or, at least a place to start the battle.