Legal Question in Immigration Law in California

what are the chances to NOT get deported?

My brother was arrested last 2/09 and was transferred to eloy, arizona. He's telling me that there would be a chance for him to stay as long as he vacate one of the charges against him last 2003 for grand theft. he has 2 other cases against him. The crime happened in California. i really want to help my brother out and his 2 kids. please let me know if vacating a case can avoid deportation.


Asked on 7/21/09, 1:52 am

3 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: what are the chances to NOT get deported?

He needs to fight and the best way is a lawyer if in Southern California contact me to discuss his situation.

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Answered on 7/21/09, 5:11 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: what are the chances to NOT get deported?

Yes...if he has only one felony vacating that will help him. What other crimes he has in his record? Any of them are before 1996?

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Answered on 7/21/09, 12:32 pm
Ellaine Loreto Law Offices of Ellaine Loreto

Re: what are the chances to NOT get deported?

Good morning:

I am sorry to hear that your brother is in this tough situation.

Depending on the crime (i.e. if it's not an aggravated felony that requires mandatory deportation), vacating a crime may avoid deportation, if that crime was the only reason he is being detained. I would need to know the code sections/charges to better analyze his case.

If there are other reasons for his detention, such as previous illegal entries or deportations, or aggravated felonies, then it may be more complicated to resolve.

A crime can be vacated if at the time of your brother's criminal trial, he was not warned of the potential immigration consequences (like deportation) that may result in him pleading guilty. This can be difficulty to prove, but not impossible. I wouldn't be able to tell you the chances without knowing the specific crimes at issue.

Should you decide to try to vacate his crime(s), we can refer you to a criminal attorney. If the crimes are vacated, we can assist you with the immigration hearing, should you choose.

You can contact me directly at [email protected], or refer to our website at www.loretomedinalaw.com. We offer a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 7/21/09, 1:40 pm


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