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avoiding deportation!!!!!!!!!

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  • avoiding deportation!!!!!!!!!

    Hi,
    I was charged in federal court with "False Claim Of Citizenship"
    but the federal majestrate judge and the federal government have
    dismissed all the charge "with prejudice". then i was placed with in
    removal proceedings and the immigration service has charged me with
    the same charge that was dismissed before. I made my little research
    online about the law terms. I found that a dismissal with prejudice
    means that there is no action can be taken against the defendent in
    any court again based on the same charge. My question is : Can the
    immigration charge me in immigration court again with the same charge
    even though the government has dismissed the charge before? and
    doesn't the goverment deals are binding by all its agencies including
    immigration? and would any body know if that defense would sound
    appropriate in immigration court? thanks for any help with this
    matter.

  • #2
    Hi,
    I was charged in federal court with "False Claim Of Citizenship"
    but the federal majestrate judge and the federal government have
    dismissed all the charge "with prejudice". then i was placed with in
    removal proceedings and the immigration service has charged me with
    the same charge that was dismissed before. I made my little research
    online about the law terms. I found that a dismissal with prejudice
    means that there is no action can be taken against the defendent in
    any court again based on the same charge. My question is : Can the
    immigration charge me in immigration court again with the same charge
    even though the government has dismissed the charge before? and
    doesn't the goverment deals are binding by all its agencies including
    immigration? and would any body know if that defense would sound
    appropriate in immigration court? thanks for any help with this
    matter.

    Comment


    • #3
      I am an immigration attorney. If you wish, I can provide you with a consultation at: http://www.us-immigration-visas.com - good luck!

      Comment


      • #4
        If the charges were dismissed with prejudice, you can't be prosecuted in this case by BCIS in a immigration court for the same occurence or charge. it's called double jeopardy. remember the movie ?

        anyway, if BCIS have other incidences or evidence that you claimed false citizenship you may be in trouble. you really need an attorney for this!

        Comment

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