LPR facing multiple aggravated felony charges

[mymarriagejourney 112]

First, I must make clear that this inquiry does NOT pertain to my husband nor is my husband in any way related to the person in question.

About a year ago, a person I know was arrested for rape of a minor and child pornography via a sting operation in my city. There are 6 counts against him. He is in the country jail awaiting trial (still...the justice system can be incredibly slow...). The arresting detective contacted me (and many others) within 24 hours of the arrest and he wanted life in prison because the rape victim was 6 years old. But, I know that it isn’t under the detective’s power to do anything but make the arrest and provide the evidence of the video tapes and photos of the rape. He also told me that because the perpetrator is a Legal Permanent Resident and not a citizen, that he would be deported if he was not imprisoned or if he was imprisoned and subsequently released.

I have seen varying opinions on whether or not the deportation is guaranteed should he not receive life in prison. I have read that if the LPR can show that he would be tortured in his home county, he would not be deported. He is from the MENA region, and that possibility would not be out of the question for such crimes... (The perpetrator has pleaded not guilty despite photo and video evidence.)

​Does anyone have direct knowledge of a similar case and the outcome?

Although no one I know is a victim in this case, I do know the perpetrator. While I have not been in contact with him for well over 4 years now, he lived in my city and was stalking me and my home in the weeks and months before his arrest. I will feel more comfortable once this reaches closure.

[Merrytooth 5,748]

I have no idea about the laws..

But I do hope that this perpetrator get jailed and suffer inside there

I read that rapist gets special treatments inside

[dwheels76 5,459]

First, I must make clear that this inquiry does NOT pertain to my husband nor is my husband in any way related to the person in question.

About a year ago, a person I know was arrested for rape of a minor and child pornography via a sting operation in my city. There are 6 counts against him. He is in the country jail awaiting trial (still...the justice system can be incredibly slow...). The arresting detective contacted me (and many others) within 24 hours of the arrest and he wanted life in prison because the rape victim was 6 years old. But, I know that it isn’t under the detective’s power to do anything but make the arrest and provide the evidence of the video tapes and photos of the rape. He also told me that because the perpetrator is a Legal Permanent Resident and not a citizen, that he would be deported if he was not imprisoned or if he was imprisoned and subsequently released.

I have seen varying opinions on whether or not the deportation is guaranteed should he not receive life in prison. I have read that if the LPR can show that he would be tortured in his home county, he would not be deported. He is from the MENA region, and that possibility would not be out of the question for such crimes... (The perpetrator has pleaded not guilty despite photo and video evidence.)

​Does anyone have direct knowledge of a similar case and the outcome?

Although no one I know is a victim in this case, I do know the perpetrator. While I have not been in contact with him for well over 4 years now, he lived in my city and was stalking me and my home in the weeks and months before his arrest. I will feel more comfortable once this reaches closure.

An email to FoxNews Bill O'Reilly (And yes I am serious) will assure you that he will not be in this country if he doesn't get life in prison. I don;t see how he can't with video evidence. Oh HELL NAW.

[Caryh 5,206]

hard to have any mercy for someone who has raped a 6 year old. I would hope any adjudicator looking at his claim he would be tortured if deported after his sentence would feel the same.

[Kay&Jay 44]

Hmmm ,why is he stalking you?what does your husband say about it ?

[belinda63 2,981]

Very unlikely he will not be deported. You have to remember that we extradite suspected terrorist to countries where we know they will tortured. Even if they do not send him to his home country he will be made to leave the US. But that is something he will have years to prepare for. I wonder if they have Rosetta Stone in prison?

[mymarriagejourney 112]

He has been in the county jail for over a year, so he is not presently stalking me. He was stalking me and our home prior to his arrest. What does my husband have to say about it? He caught him and another person sitting in a car in front of our house and it was everything I could do to keep him from going after them.

Why was stalking me? What does anyone stalk? Because they are mentally unstable. And, what does that have to do with the question I asked?

Hmmm ,why is he stalking you?what does your husband say about it ?

[Caryh 5,206]

a little more information on the subject

http://www.immigrationpolicy.org/just-facts/aggravated-felonies-overview

Comes down to aggravated felonies are not eligible to waive or stop deportation.

In the words of the Supreme Court, immigrants convicted of an “aggravated felony” face the “harshest deportation consequences.” As Congress ponders proposals to include even more crimes under the definition of “aggravated felony,” it must consider the extremely severe consequences that will result. The immigration laws include numerous provisions to ensure that criminals are not allowed to remain in the United States, yet also recognize that exceptions should be made in particularly compelling cases, especially when an immigrant’s removal will create hardship for U.S. citizens. Once a crime is labeled an “aggravated felony,” however, deportation is all but assured and individualized determinations are rarely possible to make.

[milimelo 4,168]

ICE will pick him up after all has been done with courts and deport him.

[mymarriagejourney 112]

Thank you for that! I had read something similar, except for the clause about torture and it made me squirm a bit. Now, I will continue to watch the case and hope that a proper conviction comes through.

The victim was his step-daughter, and his wife divorced him a few months after his arrest, so I don't think his absence will cause her any undue hardship... (Yes, that was disgusted sarcasm...)

a little more information on the subject

http://www.immigrationpolicy.org/just-facts/aggravated-felonies-overview

Comes down to aggravated felonies are not eligible to waive or stop deportation.

In the words of the Supreme Court, immigrants convicted of an “aggravated felony” face the “harshest deportation consequences.” As Congress ponders proposals to include even more crimes under the definition of “aggravated felony,” it must consider the extremely severe consequences that will result. The immigration laws include numerous provisions to ensure that criminals are not allowed to remain in the United States, yet also recognize that exceptions should be made in particularly compelling cases, especially when an immigrant’s removal will create hardship for U.S. citizens. Once a crime is labeled an “aggravated felony,” however, deportation is all but assured and individualized determinations are rarely possible to make.

[Sandra G. 5,014]

I doubt he will get life in prison,despite I hope he gets life in prison!.If he committed the crime within five years after his admission to the U.S. then he may be placed into removal proceedings,but If more than five years have passed since the date he was admitted, then they will not deport him.But if he is charged with two counts involving crime of moral turpitude then he will be deported regardless when he got his GC, but unfortunately there is a waiver available if he proves that he might be tortured in his home Country, then the scumbag may have the waiver granted, even with an aggravated felony charge.

Edited October 1, 2014 by sandranj

[mymarriagejourney 112]

He has 6 counts against him and by my recollection, the counts are timed over a period of about a year based on computer/photo/video timestamps. However, the 6 counts were all part of one arrest. This part was confusing to me because I read that multiple counts for one crime would only count as one count for immigration. However, because the counts were spaced over time, I don't know if that makes a difference considering they were all part of one arrest. I'm pretty sure I'm talking in circles, but maybe someone follows me...

I don't know how long he has been in the country, but I know it has been over 5 years. I think he has been in the country for 6 years, but the crimes would have taken place within the 5 year period? Maybe? I really don't know for certain, because I don't know exactly when he arrived. He came on a marriage visa. He divorced that first wife and the victims were the children (yes, children... ) of his second wife.

I doubt he will get life in prison,despite I hope he gets life in prison!.If he committed the crime within five years after his admission to the U.S. then he may be placed into removal proceedings,but If more than five years have passed since the date he was admitted, then they will not deport him.But if he is charged with two counts involving crime of moral turpitude then he will be deported regardless when he got his GC, but unfortunately there is a waiver available if he proves that he might be tortured in his home Country, then the scumbag may have the waiver granted, even with an aggravated felony charge.

[Hotter Otter 1,211]

Ugh these sorts of cases always make me feel sick. Whether he's in prison in the US or his country it won't be easy for him; Ive heard it said that in prison even murderers look down on those people. I hope he gets deported though.

[Kay&Jay 44]

He has been in the county jail for over a year, so he is not presently stalking me. He was stalking me and our home prior to his arrest. What does my husband have to say about it? He caught him and another person sitting in a car in front of our house and it was everything I could do to keep him from going after them.

Why was stalking me? What does anyone stalk? Because they are mentally unstable. And, what does that have to do with the question I asked?

Sorry that was just a question, I hope and pray that he gets deported. I have a daughter too, I cant imagine someone doing that to my little girl.

[Fan_Dancer 171]

I have no idea about the laws..

But I do hope that this perpetrator get jailed and suffer inside there

I read that rapist gets special treatments inside

Not true, that's a myth. Child molesters are not held within the general population, nor do they get raped for their crimes.