Criminal charges and deportation question

[blackrose 0]

Hi all,

Its been a long time since I have written, been going thru a lot for the last 3 years. My Husband, who I am still not divorced from since I files my petition is now in jail. He finally got caught after coming to my city to kill me.

We are blessed! Since I brought him here, I have been in hell, getting false charges and going to jail, getting my home I bought and paid for taken away from me under death threats, being held captive and almost dying from his beatings, I then I fled to another state, which he stalked me more and placed more false charges in me. The police and the courts did nothing, I never got to show my evidence! They believed him! He was a very good actor!

The man was getting away with a lot! I was going nuts from all this, I lost my life and my job and all.

So finally after coming back to from where I was and moving back to florida, hours from where my home is, where my husband has been living with another woman since I fled for my life, living in home I never got to live in myself, has finally got caught and arrested I couldn't believe it! After all I went thru!

He came all the way here, in a rented car, watching me for days, then decided to steal a truck. When they caught him he had a death kit in both vehicles and a loaded gun. He is now in jail awaiting trial.

He's got burglary with a fire arm, which was his gun and fully loaded, grand theft auto, and aggravated stalking charges, I wrote I.C.E and told them of the charges and what I have been thru. Who knows if they will care! They didn't before when I wrote them years ago, I even dismissed his support 3 months after he arrived and it was approved!! He got his green card thru the VAWA after I dismissed his support and placing more false charges on me. He has only been here 3 years.

\Do you all think he will be deported if convicted of the armed Burglary? I don't know how weak the other charges are, but the armed burglary is a strong case.The theft of the truck too. I hope he gets a conviction, because I am afraid if he gets let go, we will be dead meat. Please let me know what I can do to get him deported, because he will kill us for sure if he gets let go, who knows what going to happen at trial, look at Zimmerman!!. I don't know if I should believe in the justice system anymore, look what happened to me! Thanks all!

[del-2-5-2014 1,339]

Hi all,

Its been a long time since I have written, been going thru a lot for the last 3 years. My Husband, who I am still not divorced from since I files my petition is now in jail. He finally got caught after coming to my city to kill me.

We are blessed! Since I brought him here, I have been in hell, getting false charges and going to jail, getting my home I bought and paid for taken away from me under death threats, being held captive and almost dying from his beatings, I then I fled to another state, which he stalked me more and placed more false charges in me. The police and the courts did nothing, I never got to show my evidence! They believed him! He was a very good actor!

The man was getting away with a lot! I was going nuts from all this, I lost my life and my job and all.

So finally after coming back to from where I was and moving back to florida, hours from where my home is, where my husband has been living with another woman since I fled for my life, living in home I never got to live in myself, has finally got caught and arrested I couldn't believe it! After all I went thru!

He came all the way here, in a rented car, watching me for days, then decided to steal a truck. When they caught him he had a death kit in both vehicles and a loaded gun. He is now in jail awaiting trial.

He's got burglary with a fire arm, which was his gun and fully loaded, grand theft auto, and aggravated stalking charges, I wrote I.C.E and told them of the charges and what I have been thru. Who knows if they will care! They didn't before when I wrote them years ago, I even dismissed his support 3 months after he arrived and it was approved!! He got his green card thru the VAWA after I dismissed his support and placing more false charges on me. He has only been here 3 years.

\Do you all think he will be deported if convicted of the armed Burglary? I don't know how weak the other charges are, but the armed burglary is a strong case.The theft of the truck too. I hope he gets a conviction, because I am afraid if he gets let go, we will be dead meat. Please let me know what I can do to get him deported, because he will kill us for sure if he gets let go, who knows what going to happen at trial, look at Zimmerman!!. I don't know if I should believe in the justice system anymore, look what happened to me! Thanks all!

It's unfortunate but as you found out, the justice system can be manipulated and the right person made wrong. It happened to me and still is somewhat happening but I have better things to attend to.

I don't have an answer for you but that you should consider not living your life under the assumption that he'll be deported.

If I were you I would move as far away as possible, I did, start a new life and try to forget about the past. The house and other material stuff can be acquired again.

Good luck.

[sparkles_ 456]

It's unfortunate but as you found out, the justice system can be manipulated and the right person made wrong. It happened to me and still is somewhat happening but I have better things to attend to.

I don't have an answer for you but that you should consider not living your life under the assumption that he'll be deported.

If I were you I would move as far away as possible, I did, start a new life and try to forget about the past. The house and other material stuff can be acquired again.

Good luck.

+1

Time to fall of the map, so to speak. And yes, never assume he will be deported!

[Villanelle 4,122]

Well first I am sorry for everything that you went through. I can give you some answers but its complicated so Ill try to keep it simple to not confuse the situation more.

Not sure about what you first wrote to ICE about- but ICE doesnt care about 'charges' or what youve been through, they only care about certain convictions. That means being found guilty at the end of it. Not pending, not charged with, not arrested for- were talking the final disposition.

The way it works is kind of simple, if you are convicted of something and sent to a state or federal prison and its something on the list of deportable offenses - ICE is notified of your incarnation/ That means either they will be there when you are released, you are released to them to be brought to immigration court where immigration court can detain you through out the hearing, or depending on the charges you can be released from prison to ICE and immigration court can release you and take your word that youll come back to all the hearings and not detain you, or even you can simply walk out of prison and immigration court will notify you through mail of your hearings- no detention anywhere in the process. (you can not control how ICE handles it when the alien is released)

There are certain offenses though that are deportable ones that ICE are not automatically notified about. These are ones that do not involve jail time in state/federal prisons. In these cases you would need to notify ICE of the conviction yourself otherwise they will never know and the alien will never be brought to immigration court.

--

So what kind of charges does the alien in question have here and are they going to be automatically reported or not if convicted? Well a lot of it depends on the state, as criminal statues vary greatly state to state.

-Aggravated stalking. Any stalking conviction whether its a felony or misdemeanor is enough to trigger deportation. If its a misdemeanor it wouldnt trigger the auto detection but because you list it as aggravated Im inclined to believe its a felony and would incur state prison time and would be picked up on by ICE.

-Grand theft Auto- I have no idea. It could fall under CMT(crimes of moral turpitude) However it would have to be considered a felony charge and be punishable by more then one year to qualify as a deportable offense.

-Burglary with a firearm. Any conviction that includes the use of a firearm is considered in the eyes of immigration a 'firearm offense' and is deportable. They have very broad language in regards to it and it covers felonies and misdemeanors. But again depending on the sentence ICE may or may not be auto notified.

As I understand your post he was just recently arrested. His criminal trial can take months if not a year or more to resolve it self (unless he doesnt fight it and pleads guilty quickly) and then he is entitled to appeals. Once the final dispositions are issued (he is found guilty) then you should have a solid idea of where things stand in regards to deportation. If he did get prison time, it would need to be completed first. Then the immigration court would begin. The immigration court is honestly going to take at least a year if not more to complete. Unless again he doesnt fight it and voluntarily leaves.

[belinda63 3,038]

Best advise...fall off the map. Currently I have a camera system around my house in case my ex decides to make a visit. Alarms are good but only if the person coming in cares, which it sounds like he doesn't. Maybe try trading cars with a friend occassionally. Or a cheap rental sometimes to throw him off. We are all creatures of habit and that is what stalkers depend on. Try to change your habits daily, leave the home at different times and change your routines. Change your route to work or use a different grocery store every week.

[Harsh_77 718]

If he has already got his GC he will not be deported, since he is legally in the US, I don’t think ICE would be involved during the burglary charges are taken up in the court.

He might be but in jail for longer time on armed burglary I am thinking he will have trouble getting his citizenship though as having all these charges and being in and out jail would fail him on his character.

[sparkles_ 456]

Maybe this will sound totally crazy (since you mentioned Zimmerman) but do you know your state laws about self defense, stand your ground, etc if he were to come after you and you had to injure him to get away or worse? Perhaps you need a CCW permit and a gun yourself if you fear he would really hurt you and just take it anywhere you go and be trained to use it, too.

[blackrose 0]

Well just found out that he's illegal here. I don't know how he obtained a gun permit, I thought a person had to be a resident. I guess after I withdrew his petition, Immigration didn't believe his story and he never got the green card. I wonder what will happen next. Thank you all for your answers given before. It eased my mind.

[Darnell 8,478]

Do you all think he will be deported if convicted of the armed Burglary?

Yes.

[Darnell 8,478]

If he has already got his GC he will not be deported, since he is legally in the US, I don’t think ICE would be involved during the burglary charges are taken up in the court.

He might be but in jail for longer time on armed burglary I am thinking he will have trouble getting his citizenship though as having all these charges and being in and out jail would fail him on his character.

I disagree.

Why?

Anyone thought to be an immigrant, a legal permanent resident,

can have an 'immigration hold' put on them by the arresting jurisdiction.

Takes some semi-smart officer back at the arresting jurisdiction to go through with an immigration hold, to certify the alien's status, but this concept you've written about 'already got his GC he will not be deported' is dead wrong.

Well just found out that he's illegal here. I don't know how he obtained a gun permit, I thought a person had to be a resident. I guess after I withdrew his petition, Immigration didn't believe his story and he never got the green card. I wonder what will happen next. Thank you all for your answers given before. It eased my mind.

Excellent ! Illegal presence on top of everything else ??? That's a great box for him to be in, it helps to 'add to the pile' to getting him deported.

[Brian1967## 119]

What a aweful situation...OP I have no words

[Darnell 8,478]

blackrose,

since you are not yet divorced

then you should do something to reclaim your house .

I assume your name is on the deed. The local sherrif's office can help , assist, with force-able re-possession.

[Darnell 8,478]

Please let me know what I can do to get him deported, because he will kill us for sure if he gets let go

1. call the arresting authority, ask if he's been put in immigration hold.

2. if he's not been put in immigration hold, tell the arresting officer that he's in the usa illegally and the officer must call ICE for immigration status.

3. Find out the name of the ICE case officer, and which office this officer is attached to.

4. Show up at that office with a pile of your evidence, have the ICE officer's name on the outside of the envelope, hand over to the security guard, and ask that it be hand delivered to the ICE Officer.

then wait a bit, a week.

Do a follow up with that ICE Officer, asking if he received your packet.

----

alternatively, can get into a local USCIS office via infopass appointment, and ask for the FDNS officer, and have a talk, face to face, also handing over all the stuff/evidence you have. Tell that FDNS officer that he's in the USA illegally, without any greencard or status, and let him know about the arrest . Sooner or later, that FDNS officer will coordinate with ICE and your soon-to-be-ex will be held for deportation.

There's probably some steps I am skipping here, but I think you get the general idea.

[blackrose 0]

Hi wuhan, I have an attorney, he will claim fraud on the home. He already knows the truth and everything he did to me to get the deed in his name. I have so much evidence. I also have an injunction on him to stay away, but it didn't do me any good, he still came to the home and held me captive, hes so crazy! I.C.E was informed, I emailed them 4 days ago, so I think they know. Unless they don't read their emails. But I think they did cause I saw the no Bond and illegal alien status on him. He was all over the news, so I also gave I.C.E the link to the websites. And the prosecutors name.

Just wanted to thank all for you comments. I will keep you all posted to let you know what happens. I am trying to get exclusive use of my house for over 1 year since I got back from the state I fled too. Now I know why they call lawyers "liers", and not lawyers, I'm still here since, and not in my home and cant go there because when I fled to the other state because my ex was threatening me, he automatically got exclusive use. And I had a pending false charge on me while I was in that state, So I cant even go home until the court decides and my attorney goes to the hearing. Still waiting since 2010. I lived in my home 2 months that was it! They protected him not me. And he's been in jail over 70 days!

That's the law right? What do they care about us.

I just wanted to ad this comment. Anybody deciding to bring someone here, make sure you keep everything in you name,bank accounts, etc..And watch them like hawks! Not all people are like my ex, their are some goo people out there from other countries. I just trusted mine, cause he came from a wealthy family, his dad was a judge in his country and his mom and dad treated me like a queen. He was the actor, and scammer, and the lier, he was good at it too, everybody believed him , even the courts and police. Always keep evidence of everything. I did! I was smart enough never erase anything,emails, letters etc,, and take photos of everything happening. I finally got to show my evidence when he got arrested recently.

[Darnell 8,478]

IMO, fwiw, emailing ICE is never sufficient, and also IMO, your email to them wasn't what held him for immigration hold.