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Thread: Suspended Term of Imprisonment

  1. #1
    Guest
    I was interested to know how states sentence defendants when it comes to various options, and as to how from the federal immigration standpoint these same sentences are interpreted. Specifically, what constitutes a suspended term of imprisonment and to its relation to dispositions like probation or court supervision.

    For instance, in case a sentence of imprisonment is not ordered to be fully served in incarceration, what happens? It is considered to be wholly suspended with probation, or the Judge can even split it - with an unsuspended portion of the sentence to be served in incarceration, followed by a period of probation?

    Would appreciate your opinions.

  2. #2
    Guest
    I was interested to know how states sentence defendants when it comes to various options, and as to how from the federal immigration standpoint these same sentences are interpreted. Specifically, what constitutes a suspended term of imprisonment and to its relation to dispositions like probation or court supervision.

    For instance, in case a sentence of imprisonment is not ordered to be fully served in incarceration, what happens? It is considered to be wholly suspended with probation, or the Judge can even split it - with an unsuspended portion of the sentence to be served in incarceration, followed by a period of probation?

    Would appreciate your opinions.

  3. #3
    Guest
    It's a very good question because states punish the same crime(s) differently. Some on this board forget that's the case and that there isn't always a blanket rule. It may even go so far as to show a certain crime as a misdemeanor in one state and a felony in the other. That's why it's important to know what the crime was and the state where it was committed. Also what the sentencing was (even if suspended)... so you may want to add more information to your question.

  4. #4
    Guest
    oh there is another hello here lol

  5. #5
    Guest
    Most of the states clearly state what is the period of imprisonment that is suspended, what is the probation period and so on. There are other states though that give custody sentences that are suspended, wholly or on part, and the defendant is placed on probation. One has to draw a fine line of distinction between what is straight probation without any suspended term of imprisonment and what is probation "in lieu of" custody time.

  6. #6
    Guest
    Would an immigration officer be able to figure this out for him/herself or an alien is better off bringing with him/herself a letter from a criminal attorney explaing this very issue? That's the question that is most crucial to be answered here.

  7. #7
    Guest
    I think this alien would have to go to the immigration officer accompanied by an immigration attorney who specializes in criminal law.

  8. #8
    Guest
    An immigration officer knows criminal law. It's part of his or her responsibility to make a determination about you. He would probably ask you to provide the order of the criminal judge, so it's up to you if you want a lawyer with you.

  9. #9
    Guest
    Casey,

    Depends on the state. I read some time ago, for instance, that a Ghana national who had entered the United States as an B-1 business visitor was convicted a year later of an misdemeanor offense
    of battery in Virginia, being sentenced to 12 months of confinement with imposition of the sentence suspended, and he was placed on probation
    for 12 months.

    After 6 months (during those 6 months he was on deportation proceedings) the alien was served with a "Notice of Intent to Issue Final Administrative Removal Order," which explained his rights to contest the 'removal order'. He did not submit any documents rebutting the charges, so the INS issued a Final administrative Removal Order for his deportation from the United States on the grounds that he was an alien who had been convicted of an aggravated felony and thus was deportable pursuant to 8 U.S.C. 1227(a)(2)(A)(iii) -- taken into INS custody, then deported.

  10. #10
    Guest
    Wow, a midemeanor battery offense treated as an aggravated felony!!! Man, do these laws mean something for poor immigrants!

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