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  • false arrest

    I was arrested, charged and convicted of a shoplifting offence in 1998 after being a legal resident of the USA since 1994. I was innocent of this crime and was falsely arrested. It was said that I had stole a pair of shoes and wore it out of the store. They could not produce the pair of shoes that I had come into the store with but they told me that since I was an immigrant I would be deported if I did not plead guilty to the crime and they had to find me guilty of it. They told me that I would not be jailed but that I would have my sentence suspended and go on probation. I later found out that because I plead guilty and was sentenced to one year suspended sentence I am now eligible to be deported. Can anything be done to help me in this case? Or will my desire to revisit this case bring me under the scrutiny of the INS prompting them to initiate removal proceedings against me?

  • #2
    I cannot understand on why you have allowed yourself be intimidated on this or succumb to the usual bluff of whoever did this to you.You cannot be deported easily especially on "shoplifting".I just hope you are telling the truth or pardon me for saying you are plain
    sxxxxp.there is nothing you can do at this point since you have admitted this matter.hope things will work out eventually.


    • #3
      Bugsy. I was scared stiff. Prior to that arrest I had not been arrested for anything nor since. I did not know that I could be deported for pleading guilty with a suspended sentence. They told me that if I plead innocent the court is going to believe them citizens over me a foreigher and if the courts find me guilty I will be deported soon after. Remember that all this came as a big shock to me and I have family to take care of. At the time it seemed like the lesser of the two evils cus I am the bread winner of the family.


      • #4
        If you apply for citizenship, you may expose yourself to more scrutiny and possible removal. Talk to an attorney.


        • #5
          Currently, there is an INS proposal and it will be probably implimented in October/November of this year that will allow "criminal aliens" convicted of non-felony crimes prior to 1996/97 to apply for the "old 212" waiver that is necessary to adjust your status from that of "removabable" (without possibility of relief as it stands right now) to that of lawfully admitted (necessary to naturalize).

          Once this law is implemented, you have only 180 days to apply for it. Take a good attorney to help you with it or do your research and get informed about it!

          Good luck!


          • #6
            This happens far more often than many people are aware. I am uncertain what state you are in, but some states have laws requiring judges (in criminal proceedings) to advise of the consequences of a guilty plea. Also, I've seen lots of efforts to obtain pardons, re-open criminal cases, and do things like scribner's errors to try to keep criminal convictions from resulting in revocation of green cards and deportation. There are options, but they involve legal work that often is complex in nature. If your green card and your lifestyle are at stake, money spent on an attorney with knowledge and experience in immigration and criminal issues is money well spent, in my opinion.


            • #7
              It will probably take years for ins to discover this(unless you apply for citizenship) However, if you leave the country even for a vacation, once you come back to the U.S and are questioned in the airport, you will be placed in proceedings, this is so because of the change in law in 1996. However, if that is your only crime you stand a good chance in prevailing in court if you have equities here in the U.S(length of residence, family, job etc.) For Ins purposes you will be charged as having committed a crime involving moral turpitude. Also 212(c) relief is available now, and has been since the U.S. Supreme Court resolved the issue of who is eligible for such relief. Based on what you have posted you are eligible for this relief. For more info. contact tdixon@lawyer .com


              • #8
                The best advice given to you so far is to have a consultation with an experienced immigration attorney who can sit down with you and evaluate your best immigration strategy in terms of your current immigration status and your conviction. Just so you are aware, one conviction for a crime involving moral turpitude (like a theft offense) committed within five years after a date of admission wherethe maximum sentence may be a year or longer is a ground of removal. 212(c) relief is not available to you b/c your conviction apparently took place after April 1996 (the trigger date from the Supreme Ct. case - sorry, td, but I disagree with you). Without knowing more about how you came to the US, how you got your status, and if you have any other complications in your immigration/criminal history, it's hard to tell if you can arguably qualify for cancellation of removal if you end up in proceedings. Don't rock the boat until you are well informed b/c you've got a lot at stake. Good luck!

                - rrv


                • #9
                  I apologize I read the conviction date as 1996, not 1998. However, doj's proposed rules applies to lpr's who pled guilty prior to 4/1/97, thus the cutoff date will not be 1996. And I agree without knowing more facts its hard to determine his eligibility for cancellation.


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