Immigration/Deportation

[Elisha 1]

Does anyone have any experience in this area and the process?

I have an interesting situation here, in that my roommate of over 5 years foolishly didn't get his Visa renewed and got picked up by ICE. I've talked to him twice since he got picked up a few weeks ago and there should be a hearing soon.

If he does get deported, when will he physically be sent back to his country? Does he somehow get any time (e.g. a few days/week) to "wrap up his affairs" per se? His only "offense" other than staying longer than allowed is a DUI around a year ago, but it was not under a CA DL...which he actually just got recently, so that may not even be on his record.

[normiss 622]

If that DUI ends up being unfinished due to his being out of country, I'd say he might have some REAL issues when he tries to come back.

[RiggerLee 61]

If he's from Mexico the answer is never. He's perfectly safe. They refuse the deport totally illegal aliens convicted of multiple felonies short of murder in broad day light.

If on the other hand he's from a European country, is white, educated, and speaks even as a second language some form of English... then he's fucked. He'll be gone as soon as they can find a seat on a plane.

Lee

Lee
[email protected]
www.velocitysportswear.com

[normiss 622]

Imma get a beer, catch you folks on over in SC after awhile.

[Elisha 1]

normiss

If that DUI ends up being unfinished due to his being out of country, I'd say he might have some REAL issues when he tries to come back.

He finished it (the court ordered "work release" program). I think he may have still have unpaid bills though (payment plan).

RiggerLee

If he's from Mexico the answer is never. He's perfectly safe. They refuse the deport totally illegal aliens convicted of multiple felonies short of murder in broad day light.

If on the other hand he's from a European country, is white, educated, and speaks even as a second language some form of English... then he's fucked. He'll be gone as soon as they can find a seat on a plane.

Lee

Yup. He's from Portugal (mainland, not the Azores like most in the USA)....and is fluent in four languages. I think he's trying to apply for some type of asylum (as in...from what???). "Persecution" from a former employer.

Not that I wish ill on him, but I DON'T want him to get deported simply due to the fact that cleaning up all his sh*t (as in what to do with his belongings) will be a pain in the a**. If he does get out, we're going to have to have "a talk" about financial things anyway - just that even if he's deported, selling what I can sell of his will be more of a hassle than I want.

[decompresion 2]

Some resources
http://www.ice.gov/removal-statistics
http://trac.syr.edu/phptools/immigration/court_backlog/
http://www.nilc.org/adminrelieftable.html
http://www.wsj.com/articles/justice-department-delays-some-immigration-hearings-by-5-years-1422461407

Get a lawyer for you "roommate".
Start saving for bail.
If there is a hearing date it can take up to 2 years due to the backlog of cases.

RiggerLee is right though. It does look like the process is entirely dependent on the probability of the "illegal" becoming a voter for the political party currently holding the reins at the executive branch.

There are no dangerous dives
Only dangerous divers

[Elisha 1]

decompresion

Some resources
http://www.ice.gov/removal-statistics
http://trac.syr.edu/phptools/immigration/court_backlog/
http://www.nilc.org/adminrelieftable.html
http://www.wsj.com/articles/justice-department-delays-some-immigration-hearings-by-5-years-1422461407

Thanks! I'll check them out.

decompresion

Get a lawyer for you "roommate".
Start saving for bail.
If there is a hearing date it can take up to 2 years due to the backlog of cases.

He has one. He's called me twice since being picked up a few weeks ago and says he has a hearing soon.

decompresion

RiggerLee is right though. It does look like the process is entirely dependent on the probability of the "illegal" becoming a voter for the political party currently holding the reins at the executive branch.

Then he should easily get off! Actually...because of his constant political facebooking, some of his friends think that's WHY he was picked up (i.e. someone got angry and complained).

[akarunway 1]

normiss

Imma get a beer, catch you folks on over in SC after awhile.

What he said.321 To bad I'm banned. I have to argue (I mean DEBATE) on my chess website now. The mods are more tolerant there.

I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.

[Elisha 1]

akarunway

***Imma get a beer, catch you folks on over in SC after awhile.

What he said.321 To bad I'm banned. I have to argue (I mean DEBATE) on my chess website now. The mods are more tolerant there.

...why I'm deliberately focusing on the practical aspects of the situation and leaving opinions out of it. I don't really care about oughta coulda shoulda woulda at this point. Just want to know about process, (time) expectations, and if I have to deal with all his sh*t (belongings).

[SivaGanesha 2]

Elisha

I have an interesting situation here, in that my roommate of over 5 years foolishly didn't get his Visa renewed and got picked up by ICE. I've talked to him twice since he got picked up a few weeks ago and there should be a hearing soon.

I'm not a lawyer but I suspect a lawyer would want to know why he got picked up. While it is possible (with low probability) that he was just unlucky, there are 11 million illegal immigrants in the USA--ICE doesn't have the resources to go around "picking up" that many people just because they are here illegally. Usually there is something--for example an arrest on some non immigration related matter--that triggers the ICE interest. For example, the Uncle in Chief, Omar Obama, faced deportation but only after a drunk driving arrest. Maybe the DUI did trigger the ICE interest in your roommate--or was it something else?

Another question would be why he is being held without bond. Only certain types of illegal immigrants--generally those convicted of serious crimes, not just a single DUI--are required to be held without bond. But it is also possible he is eligible for bond but can't afford to post it. If he's eligible to be released on bond, then the decision as whether he is released to allow time to "wrap up his affairs" may be more up to you (or anyone else who could help him post bond) than up to ICE. If he's NOT eligible for bond, then his situation is more serious and it also would look less likely he can beat deportation.

Another factor would be to what extent he has "taken care of" the DUI. Like I say a single DUI shouldn't result in his being held by ICE without being eligible for bond. But if he's been missing payments on the DUI due to his being in detention, that could result in new criminal charges for probation violation which would create further complications.

Again, I'm not a lawyer, but I suspect these are some of the things a lawyer would want to know before trying to answer your question.

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[SivaGanesha 2]

RiggerLee

If he's from Mexico the answer is never. He's perfectly safe. They refuse the deport totally illegal aliens convicted of multiple felonies short of murder in broad day light.

If on the other hand he's from a European country, is white, educated, and speaks even as a second language some form of English... then he's fucked. He'll be gone as soon as they can find a seat on a plane.

The statistics don't seem to back up your view of the demographics of deportees. Have a look at the following websites:

http://trac.syr.edu/immigration/reports/350/

http://immigration.procon.org/view.resource.php?resourceID=000845#countries

In fiscal year 2013 (the most recent year for which data is available), there were 241,493 deportations to Mexico. This was almost a thousand times higher than the number to the highest ranked European country with a high white population--namely the UK with just 254 deportations. Also 65.5% of deportations were to Mexico, but the estimated percentage of the illegal immigrant population from Mexico was just 58.8%. So Mexicans were, far from being given a free ride, actually being deported at a higher rate than their participation in the illegal immigrant population. And they weren't all murderers, because the number of deportations far exceeded the total murder rate in the USA.

However, although deportations are at record levels, still only a small percentage of illegal immigrants from any country--including Mexico--end up getting deported. And it is usually because they first come to the attention of ICE due to some other crime (usually not murder though).

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[akarunway 1]

SivaGanesha

***If he's from Mexico the answer is never. He's perfectly safe. They refuse the deport totally illegal aliens convicted of multiple felonies short of murder in broad day light.

If on the other hand he's from a European country, is white, educated, and speaks even as a second language some form of English... then he's fucked. He'll be gone as soon as they can find a seat on a plane.

The statistics don't seem to back up your view of the demographics of deportees. Have a look at the following websites:

http://trac.syr.edu/immigration/reports/350/

http://immigration.procon.org/view.resource.php?resourceID=000845#countries

In fiscal year 2013 (the most recent year for which data is available), there were 241,493 deportations to Mexico. This was almost a thousand times higher than the number to the highest ranked European country with a high white population--namely the UK with just 254 deportations. Also 65.5% of deportations were to Mexico, but the estimated percentage of the illegal immigrant population from Mexico was just 58.8%. So Mexicans were, far from being given a free ride, actually being deported at a higher rate than their participation in the illegal immigrant population. And they weren't all murderers, because the number of deportations far exceeded the total murder rate in the USA.

However, although deportations are at record levels, still only a small percentage of illegal immigrants from any country--including Mexico--end up getting deported. And it is usually because they first come to the attention of ICE due to some other crime (usually not murder though).The numbers are skewed. Do actually believe anything DC puts out? You probably think your vote counts too.

I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.

[SivaGanesha 2]

akarunway

Do actually believe anything DC puts out?

If the numbers seem plausible then yes. Most immigration statistics that I've seen from the government do seem to roughly match the demographic changes that I've personally observed in the USA over the last few decades. So, yes, in the absence of evidence to the contrary (and such evidence is definitely absent from your post) I tend to believe the official numbers.

I'm not so naive as to believe the government never lies but when my personal experience and the government data match closely, my working hypothesis is that the government data is roughly accurate in this particular case. If someone wants to persuade me otherwise, the burden of proof at that point is on them.

I follow immigration matters quite closely and there is simply no evidence--from any source, not just the government--to support a claim that white Europeans are being deported from the USA in significant numbers. OTOH white Europeans do represent a much lower proportion of the immigrant population--both legal and illegal--than they used to--and, again, the official statistics are closely aligned with my personal observations here.

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[akarunway 1]

SivaGanesha

***Do actually believe anything DC puts out?

If the numbers seem plausible then yes. Most immigration statistics that I've seen from the government do seem to roughly match the demographic changes that I've personally observed in the USA over the last few decades. So, yes, in the absence of evidence to the contrary (and such evidence is definitely absent from your post) I tend to believe the official numbers.

I'm not so naive as to believe the government never lies but when my personal experience and the government data match closely, my working hypothesis is that the government data is roughly accurate in this particular case. If someone wants to persuade me otherwise, the burden of proof at that point is on them.

I follow immigration matters quite closely and there is simply no evidence--from any source, not just the government--to support a claim that white Europeans are being deported from the USA in significant numbers. OTOH white Europeans do represent a much lower proportion of the immigrant population--both legal and illegal--than they used to--and, again, the official statistics are closely aligned with my personal observations here.https://www.numbersusa.com/content/news/february-12-2013/how-obama-administration-inflates-deportation-statistics.html

I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.

[SivaGanesha 2]

akarunway

https://www.numbersusa.com/content/news/february-12-2013/how-obama-administration-inflates-deportation-statistics.html

The article may make some valid points about how one counts the number of deportations of Mexicans, but we are getting off topic here.

The topic at hand is that the original poster's friend is from Portugal, not Mexico. I'm trying to help the original poster help his friend on a nonpartisan basis--not get into a partisan debate. My advice to the original poster is NOT to give up and NOT to assume that the friend will be put on the next plane back to Portugal. If the friend's most serious legal problems are the DUI and that he overstayed his visa, he ought to at least qualify to be released on bond while he fights deportation--assuming he has someone willing to post bond on his behalf.

But the interaction between criminal and immigration law is a very tricky one and he may need a good lawyer--ideally one who understands both state criminal law in the state where the DUI occurred and federal immigration law. To be able to say for sure what the friend's prospects of release are, though, I think the lawyer will need a lot more details than have been posted here.

Like I say--the article you post may well raise some valid questions about the official numbers, but because the focus of the article seems to be exclusively on the southern border--and that's not the friend's situation--I think we are veering too far away from the main topic here.

"It's hard to have fun at 4-way unless your whole team gets down to the ground safely to do it again!"--Northern California Skydiving League re USPA Safety Day, March 8, 2014

[jclalor 12]

SivaGanesha

***https://www.numbersusa.com/content/news/february-12-2013/how-obama-administration-inflates-deportation-statistics.html

The article may make some valid points about how one counts the number of deportations of Mexicans, but we are getting off topic here.

The topic at hand is that the original poster's friend is from Portugal, not Mexico. I'm trying to help the original poster help his friend on a nonpartisan basis--not get into a partisan debate. My advice to the original poster is NOT to give up and NOT to assume that the friend will be put on the next plane back to Portugal. If the friend's most serious legal problems are the DUI and that he overstayed his visa, he ought to at least qualify to be released on bond while he fights deportation--assuming he has someone willing to post bond on his behalf.

But the interaction between criminal and immigration law is a very tricky one and he may need a good lawyer--ideally one who understands both state criminal law in the state where the DUI occurred and federal immigration law. To be able to say for sure what the friend's prospects of release are, though, I think the lawyer will need a lot more details than have been posted here.

Like I say--the article you post may well raise some valid questions about the official numbers, but because the focus of the article seems to be exclusively on the southern border--and that's not the friend's situation--I think we are veering too far away from the main topic here.

You're friends best chance is talking to an immigration attorney.

Just out of idol curiosity, I wonder if a "nolo contendere" plea makes any difference in a case like this?

[Elisha 1]

jclalor

...

You're friends best chance is talking to an immigration attorney.

Just out of idol curiosity, I wonder if a "nolo contendere" plea makes any difference in a case like this?

I think he has a decent attorney at this point...but I've only talked to him three times so far, and less than 10 min each time. I've gathered a couple of (personal) letters of recommendation that will be sent to whomever necessary. It just seems like a long TBA process that I don't know much about (since I'm a born and bred Californian that doesn't have to deal with these things).

[GeorgiaDon 340]

No-one here can speak with any authority on your room-mates situation, other than the advice you have heard from a couple of folks: he needs to retain a good immigration attorney ASAP. The DUI has the potential to be a big factor. Even seemingly small issues can make a difference. For example on any working visa, and even with a green card, you are required to notify USCIS within 10 days of any change of address, and (although it is unusual) people with green cards have been held and deported for failing to report an address change. A DUI on top of overstaying the visa (you don't say for how long) is not a minor issue.

Claiming asylum from a former employer is unlikely to work, especially when the home country is part of Europe and a NATO partner. It's not like he's claiming asylum from a third world dictatorship where he is regarded as an enemy of the state or something. The US is reluctant to grant asylum even to people who have put their lives on the line by helping US forces in Iraq or Afghanistan.

I hope your room-mate isn't into you for too much money. It's telling that he is still being held after weeks in custody. My guess would be that there is more going on than you know and you won't be seeing him again, unless you want to go to Portugal.

Don

_____________________________________
Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)

[rehmwa 2]

jclalor

idol curiosity

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[Amazon 7]

rehmwa

*** idol curiosity

https://farm5.staticflickr.com/4140/4787534502_0fcdbdaa23_z.jpg

[jclalor 12]

Amazon

****** idol curiosity

https://farm5.staticflickr.com/4140/4787534502_0fcdbdaa23_z.jpg

[Elisha 1]

GeorgiaDon

No-one here can speak with any authority on your room-mates situation, other than the advice you have heard from a couple of folks: he needs to retain a good immigration attorney ASAP. The DUI has the potential to be a big factor. Even seemingly small issues can make a difference. For example on any working visa, and even with a green card, you are required to notify USCIS within 10 days of any change of address, and (although it is unusual) people with green cards have been held and deported for failing to report an address change. A DUI on top of overstaying the visa (you don't say for how long) is not a minor issue.

Claiming asylum from a former employer is unlikely to work, especially when the home country is part of Europe and a NATO partner. It's not like he's claiming asylum from a third world dictatorship where he is regarded as an enemy of the state or something. The US is reluctant to grant asylum even to people who have put their lives on the line by helping US forces in Iraq or Afghanistan.

I hope your room-mate isn't into you for too much money. It's telling that he is still being held after weeks in custody. My guess would be that there is more going on than you know and you won't be seeing him again, unless you want to go to Portugal.

Don

No, I (and others he is close with) have fully realized all of the above for a couple of weeks now. As I said, since I've never had any close dealings with these situations, I'm just looking for info regarding expectations etc. I appreciate all the info.

[GeorgiaDon 340]

Good luck to him, and (tangentially) to you. One of several benefits of my getting US citizenship was that I and my family will never have to deal with USCIS (or "USELESS" as we referred to them) again. Everything about the immigration process seemed designed to treat people as criminals or incipient terrorists, to keep you in the dark and worried that they had forgotten to process your paperwork (knowing that you would bear the consequences of any screw-ups on their part), and to suck large amounts of money out of your pocket. They completely screwed up my son's citizenship application, and made us pay a lot of money to appeal. We spent almost a year waiting for a hearing, not knowing if he would be deported. Then at the hearing the immigration official admitted that USCIS had made a mistake and we had actually done everything by the book. When I asked if I could get my money refunded I was told too bad, there is no process for that.

I have no good memories of any interaction I ever had with those guys.

Don

_____________________________________
Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)

[Elisha 1]

GeorgiaDon

Good luck to him, and (tangentially) to you. One of several benefits of my getting US citizenship was that I and my family will never have to deal with USCIS (or "USELESS" as we referred to them) again. Everything about the immigration process seemed designed to treat people as criminals or incipient terrorists, to keep you in the dark and worried that they had forgotten to process your paperwork (knowing that you would bear the consequences of any screw-ups on their part), and to suck large amounts of money out of your pocket. They completely screwed up my son's citizenship application, and made us pay a lot of money to appeal. We spent almost a year waiting for a hearing, not knowing if he would be deported. Then at the hearing the immigration official admitted that USCIS had made a mistake and we had actually done everything by the book. When I asked if I could get my money refunded I was told too bad, there is no process for that.

I have no good memories of any interaction I ever had with those guys.

Don

Thanks. Much appreciated.