My brother has 2 previous DUI's and was caught driving with a revoked license. He is a legal resident. He was told ICE would come get him and he could possibly be deported. What are his rights? Can they do this? Is there a way we can prevent this from happening?
2 Answers from Attorneys
He can consult and hire an immigration attorney specializing in deportation defense. He doesn't have a right to free lawyer in immigration court system.
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He needs a combination of an experienced deportation lawyer and a skilled criminal lawyer. The DUI's generally do not trigger deportation, but depending on the law where the second conviction occurred ICE might have a claim. Prior to ICE getting involved, work with a deportation attorney to assess the issue and if necessary work with a criminal defense attorney for post-conviction relief.