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Results 1 to 7 of 7

Thread: juvenile case!

  1. #1
    Need some advise on a juvenile case!

    Im a paralegal for an immigration law firm in Texas. I have never worked on juvenile cases before. We were appointed the other day by the immigration judge to represent a juvenile. He advised us to make sure that respondent would be released to his family member. I have consulted with respondent in several occasions, and have communicated with the officer who does the recommendations for the approval of the release. Officer told me that he would do everything in his power to not get this boy released. He does have a father who is in the U.S with L.P.R. status. Child lived with his mother who does have illegal status in U.S. Reasons for officer not wanting to realease juvenile is because this client has a pretty good criminal record, including being a member of a gang. Respondent has been in U.S. for more than 10 years, which would make him eligable for cancellation of removal for non-perm. residents, but he then becomes ineligeble because he cannot prove 10 years of good moral character. He will be having a child from his 15 year girlfriend. I still dont think that will help. I dont know what other basis will help this kid out. I dont know if this officer is doing the right thing, but I would like some advise! what should we do for this kid. Should we not waist time in fighting the deportation defense, and request his remoal, or would there be something to help him out. Is there anything I can do that can get him released to his father. What shall I do???/ Please Help!!!

  2. #2
    Need some advise on a juvenile case!

    Im a paralegal for an immigration law firm in Texas. I have never worked on juvenile cases before. We were appointed the other day by the immigration judge to represent a juvenile. He advised us to make sure that respondent would be released to his family member. I have consulted with respondent in several occasions, and have communicated with the officer who does the recommendations for the approval of the release. Officer told me that he would do everything in his power to not get this boy released. He does have a father who is in the U.S with L.P.R. status. Child lived with his mother who does have illegal status in U.S. Reasons for officer not wanting to realease juvenile is because this client has a pretty good criminal record, including being a member of a gang. Respondent has been in U.S. for more than 10 years, which would make him eligable for cancellation of removal for non-perm. residents, but he then becomes ineligeble because he cannot prove 10 years of good moral character. He will be having a child from his 15 year girlfriend. I still dont think that will help. I dont know what other basis will help this kid out. I dont know if this officer is doing the right thing, but I would like some advise! what should we do for this kid. Should we not waist time in fighting the deportation defense, and request his remoal, or would there be something to help him out. Is there anything I can do that can get him released to his father. What shall I do???/ Please Help!!!

  3. #3
    let him get represented by a REAL lawyer.

    Trying to represent him, while you don't yourslef have the proper experience to handle this case -- will only get him jailed or deported.

    In order for him to get a FAIR trial, he needs a COMPETENT lawyer.

    -= nav =-

  4. #4
    moondin,

    If you were competent yourself, I stated that I work for a law firm. Therefore, an attorney is representing this case. I am simply requesting further advise, and if you cant give the positive advise im looking for, then butt the hell out.

  5. #5
    Menschenskinder... nicht so aufregen!

    If the kid committed something serious and anything that can be punished (or has been punished by more than 180=+ days times two) then he technically can't aos, but now comes the difficult part; he's still a minor and these convictions would need to be in an adult court.

    Additionally, his father as an LPR does not really have a priority to sponsor him in contrast to a citizen...This is quite a complicated case. The judge's final decision can only be appealed, but an officer can not single handed go and do things against the order. The judge is obviously trying all she can...

    It is unlikely (though not entirely hopeless) that this adolenscent will turn his life around and change his evil ways. What the officer is talking about is all to commonly known; he knows what will happen more likely than not if this adolescent is not being removed from the U.S.; he will comit worse crimes, perhaps even murder so instead of waiting for this to happen he wants him out of here now. The officer has time working on his side, because statistically, the adolescent will comit something again soon, so in regard to stats, if you guys accomplish to keep him here, it will only mean that he will be more likely deported a bit later than now...

  6. #6
    Hi paramench

    I really don't know much in this situation at all ... so if my opinion is not in the right direction ... plz disregard this...

    I don't know much of his criminal records ... but there are several psychological conditions where patients do crime ...

    Anti-social personality disorder ... but it will not apply here as he is less than 18 yrs so this could be conduct disorder .... Or there are several other conditions like schizophrenia and others ....

    Why am I writing all of this coz .... There are 2 laws / rules:-

    The Irresistible Impulse Rule: - its involved in insanity defenses in criminal prosecution . it considers whether a person's actions were under voluntary control or resulted from an uncontrollable passion.

    And

    The McNaughten Rule: - it's involved in insanity defenses too. It acknowledges that people might not realize the nature and consequences of their actions because of mental illness ...

    I don't know it will help in immigration matter but in civil and criminal cases court does consider this...

    So if that kid has some problem and u can prove it ... I don't know but it might help him furthermore to stay in this country and seek medical help ... in that case all crimes are forgiven ...

    So you might wanna do little research on it ... I just gave an idea.... Good luck... Pasha

  7. #7
    Pasha and AceIaw,

    Thanks for the reply. I will take your advise into consideration. Once again, THANK YOU!!!

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