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Whats defined as an "aggravated Felony" for deportation purposes?

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  • Whats defined as an "aggravated Felony" for deportation purposes?

    My relative was convicted by Plea bargain to attempted assault in the second degree: a class E-non-violent felony and was sentenced to an indeterminite sentence of 1.5 to 3 yrs in state prison. But one of the conditions of the plea was that he would be eligible for the 6 months shock program which he would serve and get out in 6 months. Upon entering prison he was deemed not qualified for the shock program since his conviction was "assaultive". He also has "no" prior convictions!!!

    So he is up for parole this month and if he gets out on parole which i hope he does, he would have serviced approx 8.5 months in prison. Also the case is being appeal with an assigned attorney, because there is evidence to show that the plaintiff lied about an element in the original charge(s). Also my relative believes the original lawyer "coerced him" into taking a plea that he didn't have to, so that lawyer showed "unlawful" conflict of interest, and ineffectiveness as counsel, etc.

    So what I am mainly "VERY" concerned about is if a class e non-violent felony of attempted assault in the 2d deg. qualifies as an aggravated felony for deportation purposes.

    ...and also if a felony conviction is considered a "conviction" for Immigration purposes, if it is being "appealed" as it is in this case.

    And does it help or is detrimental if you are of a particular race, lets say in this case, "east indian ancestry?"

    Thank YOu
    Worried!

  • #2
    yea yea yea...everyone is innocent...blah blah blah....this **** is toast when he gets out....deportation on the horizon...bye bye...and who cares? (besides you)...it is amazing how frequently scumbag aliens claim that they are victims of circumstance or faulty court systems or whatever....but really, who cares? I am sure you will tell us how this person is such a 'wonderful, hard working person'who was framed.....yea, just like our prisons are full of innocent people. Can I drive this clown to the airport?

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    • #3
      Please do not make any UNINTELLIGENTLY BIASED airhead comments like the one posted above.

      From dealing with the court system, I can tell you corruption is rampant among lawyers, judges, and officers of the court! All you need to find this out is read the newspaper, internet, turn on the radio and TV...and also have a good grasp of proper legal procedure that they are SUPPOSED to follow!!!!!!!(rolls eyes)

      And I already have found some answers to my questions, but just want to see what other viewpoints are!

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      • #4
        From what you are saying and I am no lawyer but if I understand correctly if you get a Felony conviction and from you said he did because his sentence was 1.5-3 years then yes he is deportable. It's very possible that once he is released he will be picked up by INS and sent back home. Now it's possible it may not happen either. If it doesnt happen and he goes on leading his merry life I would suggest that he doesnt apply for citzenship because that will trigger a deportation. Your best to speak to a qualified attorney on that one.

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        • #5
          dear Morgon the Moron: nobody gives a $hit. Your friend or relative will be sent home shortly after he gets out the can...too **** bad.
          Like you really know all about our legal system....tell you what, hotshot,,, name 5 lawyers, judges, officers of the court that are corrupt....name them, a$$hole....let's see how much you really "know" (which is nothing)....you are the legal expert of this country? Really? If so, why aren't you the Attorney General? What an idiot.

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          • #6
            This is the biggest B.S. I have ever heard !!!

            Few years ago I was assaulted in front of the townhouse. Someone called Police. As soon as Police arrived they interviewed us. Officer asked me if I want to press charges. I said : "Definitely YES!"
            The guy was more than a feet taller and at least 50 pounds heavier than me.
            A month later we got the letter from municipal COurt.
            You should have seen his sorry a-s-s, scared s-h-i-t-l-e-s-s before the hearing.
            They took us to mediation - that's procedure before case goes before Judge.
            He was NOT arrested after assault (Police wrote in report that it was SIMPLE ASSAULT).
            During mediation nice lady spoke to both of us and suggested to settle it before taking it to the Judge.
            The guy asked to forgive him, apologized trice and then I let him know that next time it won't be that easy for him to get away.
            We made verbal agreement about it.
            That was it.
            But the fact is: he didn't ATTEMPT but IN FACT VIOLENTLY ASSAULTED ME. I had three witnessess.
            Yet, he ended up with no conviction, no charges, nothing.
            How come your relative got FELONY conviction with up to 1.5-3 years in prison for only ATTEMPTING to assault???

            This story is NOTHING BUT B.S. and purely fabricated LIE !

            I wish it was true though!
            It is ironic and sad to see how lenient the Justice System is to what they define as "SIMPLE ASSAULT" (Meaning unless you got some marks, blood and swells , it is considered just as a "SIMPLE ASSAULT" )
            I believe there are some SACRED rights, among which is the RIGHT TO PHYSICAL SAFETY and no one should be allowed off the hook for physically assaulting the other!

            To morgon:
            next time before you post some kind of B.S. lies at least engage your deeply buried in your a-s-s brains and write something that has some relation to reality.

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            • #7
              Madpoogie...thank u for the thoughtful response. Well we got a letter from the appellate lawyer tell us that INS has placed a "Detainer" on him...Not sure what a "detainer" means. Anyway the conviction is illegal,thats why its being appealed. And I just came across some info. saying that convictions on direct appeal" are not considered convictions for immigration purposes....anyway, from the info I found out so far, there are many variables that have to be considered, to decide deportability. I mean this is a 1st time offense also. Not to mention my relative was"coerced into pleading to something he wasn't even guilty of. He qualified for "NO JAIL TIME" as a 1st time offender, but that pathetic monster of a lawyer coerced him into pleading to the maximum sentence for the plea bargained charge of attempted assault in the second degree. And there is tape recorded evidence to prove that he did this.

              And Someone12..Are u like 12 yrs old??? GROW the EFF up!!!...I wouldn't be surprised if you are a skinhead nazi member of the KKK...and I have no respect for your hostile imbecilic comments...OK? Save your excessive arrogant attitude for someone who cares! I will ignore all comments like yours!(period)

              What racist fascists must take into account is that immigrant permanent residents aliens do have due process constitutional rights and international human rights just as citizens do!

              Prometheus...THIS IS A TRUE CASE! The reason its so hard to believe is that we believe there was CORRUPTION involved by the lawyer, DA, judge, court reporter, etc. in allowing such a thing to happen to a 1st time offender! Thats why the case is being appealed! The thing is that the complainant is a police officer!. A police officer falsely accused my relative of hitting him causing SERIOUS INJURIES to him and driving away after the police tried to write him a ticket for double parking. We have the officers medical records which shows he suffered no injuries as a result of the incident. My relative also denied hitting him or intending to hit him. The officer lied, and have the motive to lie, in order to file a false insurance claim to get financial compensation, which HE DID!!!...

              Comment


              • #8
                Morgon: With all due respect, it is your response that is pathetic. It is quite valid if you disagree with Someone12's opinion, but you have absolutely no cause to casually throw around terms such as "skinhead," "Nazi" and "KKK."

                You also use the term "racist fascists." Well, if you want to know the truth, upon reading your original post on this thread, I came to the conclusion that YOU are a racist. How else would you explain the following comment: "And does it help or is detremental if you are of a particular race, lets say in this case, east indian ancestry?" (the misspellings and bad grammar in the quote are the responsibility of the original author, Morgon). I mean, how racist is that?

                This is America, so a person's race is irrelevant. You claim to be such an expert on our judicial system, so I am surprised that you do not know this already. I realize that countries in the "East India" region, being third-world, do discriminate based on caste and other factors; isn't that one of the reasons that your family came to America in the first instance?

                In any event, your relative will soon be enjoying the hospitality of his country of origin. Hopefully, he won't hit anyone when he is there...otherwise he will truly be subject to a corrupt judicial system.

                One last comment: your relative was not an innocent bystander during the judicial process (no pun intended). If he truly was innocent, then why did he plead guilty? He admitted guilt, so he cannot appeal.

                Comment


                • #9
                  MORGON, SEEMS TO ME YOU ARE JUST A DOUBLE-ID OF SUNDEVILUSA (OR MAY BE YOU ARE IN THE SAME TEAM)

                  IT'S OLD TRICK OF THESE LYING FASCISTS: FIRST THEY FABRICATE SOME STORY FULL OF LIES WHEREBY THEY CAN TRASH IMAGES OF IMMIGRANTS - ONE WAY OR ANOTHER - AND THEN THEY COME BACK UNDER DIFFERENT IDS'(OR SOME OTHER BUDDY-FASCIST COMES ALONG) TO ATTACK THE PRODUCT OF THEIR OWN IMAGINATION

                  SO, CUT THIS C R A P !

                  I HAVE BEEN PULLED OVER FOR SPEEDING IN PAST AND I HAVE BEEN WRITTEN TICKETS !

                  MOREOVER - ON COUPLE OF OCCASIUONS I HAVE BEEN PULLED OVER FOR MINOR VIOLATIONS AND UPON CHECKING MY DRIVING RECORD I WAS LET GO WITHOUT RECEIVING A TICKET !

                  SO, YOU BETTER CUT THIS C R A P , LITTLE FASCIST, AND SAVE YOUR B.S. STORIES FOR YOUR FASCIST BUDDIES.

                  WHAT A DUMBASS !

                  Comment


                  • #10
                    Actually, corruption is the center of the American judicial system - and everybody knows it. Look at the government! And if you live or pass through Lewis County, Washington State - you better watch it because they will drum up what they can on you! Everbody knows it and makes jokes about it. Everbody in Lewis county has been to jail! It is a rite of passage...

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                    • #11
                      Morgon the Moron: what racist remark have I made? I said I don't like nor want criminal aliens in my country...so what? And I don't buy your BS story about how innocent your friend is and how corrupt our judicial system is (I agree that attorneys are scum, but that is a different story)...so eff off, a$$wipe. I hope your friend/relative gets the big boot right square in his a$$ when he leaves prison...and good riddance. Maybe you should follow him home, keep our gene pool intact.

                      Comment


                      • #12
                        Someone12, SunDevilUS and AliBa are mentally sick individuals who need psychiatric treatment.

                        Pack yourself ASAP and leave for your Arabic country.

                        Comment

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