Why I joined this site and how you can help me.

[Boiler 43,395]

You said earlier that you have a lawyer. It is probably best if you work with him. The case went through immigration court, the BIA, and the 9th circuit. Obviously there is a final deportation order in place so nothing is going to happen unless the case is reopened by the immigration court- at least not while your father is in the US. They are holding him without bond so it appears that they aren't interested in working with you. You could apply for a stay of removal with ICE, but again, if they were hot enough for him to go out and arrest him right after the 9th circuit ruled- then they probably wont grant a stay. It sounds like your father committed an aggravated felony ( a crime of violence for which a sentence of 1 year or more was given). He could still be eligible for a waiver in court- but not until the court reopens his case. At any rate it sounds like you should work with the lawyer. You said earlier that he had charged you 5,000.00 which is incredibly cheap to litigate a case in the Circuit Court in addition to all the preliminary immigration court work. He is working for next to nothing and you should probably trust him over people who don't know all the facts of your case.

Kudos, you read and replied to the issues.

Edited May 15, 2015 by Boiler

[Fiji Indian 1]

I 212 relates to his deportation so sounds like you have given up trying to stop it and want to see if you can bring him back.

The bigger issue will be the I 601, addressing the criminal histiry that is getting him deported.

No we have not given up and never will. As I previously mentioned, we are trying to write a letter to our city congress and the President of United States, but we do not know how to start our letter. Any suggestions of links would be appreciated. We don't care if it "may" not work, because people are always forgiven. Even big of a crime as murdering someone, your death sentence can be pardoned to life in prison. So we know there is a slight chance my Dad will be pardoned, and he can continue living with us while filing for legal paperwork. Even that 1% is a big hope for us.

The I212 & I601 was simply a assumption of what we may need to do. Now I know that I212 is after he is deported, but I'm still looking at what we can do while he is still in custody. I know there has to be a form that my Mom and I, my Dad, and our lawyer has to file, but as said many times, our lawyer is not answering our calls.

And my Dad served his time for the Domestic Violence. We even went to court to tell the judge that it was a misunderstanding and my Dad never raised his hands on my Mom or me, ever. There was no evidence of bruising or anything. All that happend was my Dad slipped and accidently pulled on my Mom's hair. But instead of us doing the talking, the lawyer was doing his thing and my Dad ended up being gone for 1 year for DV & 3 for Immigration. That is just the only thing my Dad has on his record. Something so minor can be resolved, once we get a proper chance to present ourself in front of the judge. And if all fails, my Dad is more then willing to take a Polygraph Test.

[Boiler 43,395]

No we have not given up and never will. As I previously mentioned, we are trying to write a letter to our city congress and the President of United States, but we do not know how to start our letter. Any suggestions of links would be appreciated. We don't care if it "may" not work, because people are always forgiven. Even big of a crime as murdering someone, your death sentence can be pardoned to life in prison. So we know there is a slight chance my Dad will be pardoned, and he can continue living with us while filing for legal paperwork. Even that 1% is a big hope for us.

The I212 & I601 was simply a assumption of what we may need to do. Now I know that I212 is after he is deported, but I'm still looking at what we can do while he is still in custody. I know there has to be a form that my Mom and I, my Dad, and our lawyer has to file, but as said many times, our lawyer is not answering our calls.

And my Dad served his time for the Domestic Violence. We even went to court to tell the judge that it was a misunderstanding and my Dad never raised his hands on my Mom or me, ever. There was no evidence of bruising or anything. All that happend was my Dad slipped and accidently pulled on my Mom's hair. But instead of us doing the talking, the lawyer was doing his thing and my Dad ended up being gone for 1 year for DV & 3 for Immigration. That is just the only thing my Dad has on his record. Something so minor can be resolved, once we get a proper chance to present ourself in front of the judge. And if all fails, my Dad is more then willing to take a Polygraph Test.

Obama is not going to pardon him. If you want to ge down the Political process you would start with your local representatives.

You said that your Mother had petioned for him and it has been refused.

Is your Lawyer not answering your calls because you have not paid him?

If you want to try and reopen a criminal case then you need a Lawyer to help you. Domestic Violence is not minor.

[Fiji Indian 1]

I never said I want sympathy nor did I ask for it. One person simply commented on my PTSD, and now it has become the main topic for everyone else commenting. Trust me if I could ignore or block someone so I dont have read their post (therefor ending this discussion) I would.

I never said I had a consistent job. I said I WAS working with my Dad while he was out, but now I am working elsewhere, where I cannot expect to be needed and have a permanent job. And that a better paying job with benefits are out of the question. Do not put words in my mouth.

And it's my personality that I am truthful. If someone (a health supervisor etc...) were to come to a place and ask the employer about their employees background, then I rather be honest and prepared. Or to have my next employer call them about me and learn that I wasn't completely honest. You do your way of things, I do mine my way.

YET AGAIN WE ARE TALKING ABOUT ME AND NOT MY DAD!!! I could careless how you came here or when. Your case is not the same as ours or the next person. EVERYONE of us has to deal with the system and lawyers that aren't working with you when you need them. That is the only thing could possibly be common amonst us all.

I'm sorry, but if your just gonna repeat what others have said (get a job, get therapy, I have PTSD as well etc...) then please don't bother. But it's the Internet, you may continue dragging the dead horse.

Edited May 15, 2015 by Fiji Indian

[Boiler 43,395]

Why is the Lawyer not talking with you?

Sounds like he has been years on the case.

Edited May 15, 2015 by Boiler

[Fiji Indian 1]

Obama is not going to pardon him. If you want to ge down the Political process you would start with your local representatives.

You said that your Mother had petioned for him and it has been refused.

Is your Lawyer not answering your calls because you have not paid him?

If you want to try and reopen a criminal case then you need a Lawyer to help you. Domestic Violence is not minor.

We did paid $4,000 to someone who came from the lawyer's office (yesterday) to get some paperwork signed. But what we have been told is, to write a letter to our city congress and to write a Hardship letter. My Dad wants to go to a higher court.

[san diego 407]

I know that my comment will not be helpful to OP but I just want to try to save other posters' time and effort. Looking through the story provided by OP and multiple discrepancies in his story, this looks to me more and more as trolling. I would recommend closing this thread.

[Boiler 43,395]

We did paid $4,000 to someone who came from the lawyer's office (yesterday) to get some paperwork signed. But what we have been told is, to write a letter to our city congress and to write a Hardship letter. My Dad wants to go to a higher court.

What paperwork?

City Congess? You mean State?

Hardship letter for what? Another I 601?

Assuming what you have said so far is correct then the next Court up is the Supreme Court.

[Fiji Indian 1]

I know that my comment will not be helpful to OP but I just want to try to save other posters' time and effort. Looking through the story provided by OP and multiple discrepancies in his story, this looks to me more and more as trolling. I would recommend closing this thread.

If I was "trolling", then I wouldn't be so mad right now. Don't judge someone simply just to side with the majority. If you have nothing to say about how or what paperworks need to be filed, then please don't comment at all. It is upto you to avoid a thread that you cannot help on, not the Admins or Moderator to simply delete because of your opinion.

Again, if I was trolling, I would troll at a better place with some other excuse. Not on s forum with a legit issue my family is going through. This is nothing to troll about or seek attention for. When I was younger, I would "troll" by talking smack on PS3 with my friend. That was a child "trolling", this is a adult son who is seeking help for his father.

[Boiler 43,395]

If I was "trolling", then I wouldn't be so mad right now. Don't judge someone simply just to side with the majority. If you have nothing to say about how or what paperworks need to be filed, then please don't comment at all. It is upto you to avoid a thread that you cannot help on, not the Admins or Moderator to simply delete because of your opinion.

Again, if I was trolling, I would troll at a better place with some other excuse. Not on s forum with a legit issue my family is going through. This is nothing to troll about or seek attention for. When I was younger, I would "troll" by talking smack on PS3 with my friend. That was a child "trolling", this is a adult son who is seeking help for his father.

Then answer the questions with FACTS.

[Butterfly307 77]

I never said I want sympathy nor did I ask for it. One person simply commented on my PTSD, and now it has become the main topic for everyone else commenting. Trust me if I could ignore or block someone so I dont have read their post (therefor ending this discussion) I would.

I never said I had a consistent job. I said I WAS working with my Dad while he was out, but now I am working elsewhere, where I cannot expect to be needed and have a permanent job. And that a better paying job with benefits are out of the question. Do not put words in my mouth.

And it's my personality that I am truthful. If someone (a health supervisor etc...) were to come to a place and ask the employer about their employees background, then I rather be honest and prepared. Or to have my next employer call them about me and learn that I wasn't completely honest. You do your way of things, I do mine my way.

YET AGAIN WE ARE TALKING ABOUT ME AND NOT MY DAD!!! I could careless how you came here or when. Your case is not the same as ours or the next person. EVERYONE of us has to deal with the system and lawyers that aren't working with you when you need them.

I'm sorry, but if your just gonna repeat what others have said (get a job, get therapy, I have PTSD as well etc...) then please don't bother. But it's the Internet, you may continue dragging the dead horse.

Don't be arrogant. That gets you nowhere on this site and in the world, period.

You, my friend, started this thread, shared your story (which has strange parts to say the least - 4 years jail for hair pulling), you asked for advice.

I do you a favor and make this my last reply. You tell us not to talk about your dad and not you. But you and your mom's situation has a LOT to do with your dad' chances of staying. So talking about your PTSD and depression is not off topic as you think. To get your dad back, you and your mom have to prove that without your dad you two would go through extreme hardship. Not to us, but to people in the legal system, who are more skeptical and brutal than us. But that won't work. You are an adult. PTSD and depression is not an excuse. Your mom's emotional distress and health problems are not an excuse either. You have to get yourself together and support your mom.

[Fiji Indian 1]

What paperwork?

City Congess? You mean State?

Hardship letter for what? Another I 601?

Assuming what you have said so far is correct then the next Court up is the Supreme Court.

1.) Fees Agreement Papers, so he can retake the case to court.

2.) Yes I believe City Representatives.

3.) To provide our tax papers, prove my Mom has Gaucoma & Cataract, a letter from a Hospital regarding my PTSD and Depression. and a letter from my therapist. There are more, but I cannot remember top of my head.

4.) Yes.

Then answer the questions with FACTS.

It's hard answering questions, when your busy repeatedly answering the same suggestions, about something off topic. I have shared majority of the information don't know what else is there.

- Dad has been here since 2000 on a visa which expired after he filed for Asylum, which didn't go through.

- Orginal Laywer was slow in getting my Dad to court and properly getting his paperwork done.

- My Mom and I can to America in 2005. We became US Citizens in 2010.

- My Dad was in custody between '08-'12. He Has a Felony which he served 1 year for. Mom tried to sponsor him, was denied.

- He was arrested this Monday & his (current) lawyer told us his case was in the 9th circuit and it's over.

- Lawyer hasn't been communicative. My Dad wants to reopen the case. Lawyer sent someone with paperworks and to take $4,000 to take the case again. Doesn't matter win or lose.

[Shauna&Wael 211]

That is what I was saying too. There has to be a LOT more this story. No one goes to jail for nothing.

Actually, no. Plenty of people in the US are wrongly convicted. And due to the story, I can see how it may have looked to the cops like domestic violence. Even if the wife tried to defend him at the scene, the cops still could have taken him in because in many domestic violence cases the woman will still defend the man. They probably thought she was only doing it in front of the "abusive" husband. Come on, don't act like the cops in this country are saints.

[Boiler 43,395]

1.) Fees Agreement Papers, so he can retake the case to court.

2.) Yes I believe City Representatives.

3.) To provide our tax papers, prove my Mom has Gaucoma & Cataract, a letter from a Hospital regarding my PTSD and Depression. and a letter from my therapist. There are more, but I cannot remember top of my head.

4.) Yes.

It's hard answering questions, when your busy repeatedly answering the same suggestions, about something off topic. I have shared majority of the information don't know what else is there.

- Dad has been here since 2000 on a visa which expired after he filed for Asylum, which didn't go through.

- Orginal Laywer was slow in getting my Dad to court and properly getting his paperwork done.

- My Mom and I can to America in 2005. We became US Citizens in 2010.

- My Dad was in custody between '08-'12. He Has a Felony which he served 1 year for. Mom tried to sponsor him, was denied.

- He was arrested this Monday & his (current) lawyer told us his case was in the 9th circuit and it's over.

- Lawyer hasn't been communicative. My Dad wants to reopen the case. Lawyer sent someone with paperworks and to take $4,000 to take the case again. Doesn't matter win or lose.

So it is the 9th Circuit, not has been tried by the 9th Circuit? If they have said no then that is realistically it.

$4,000 is Lawyer fees is a couple of days work, so a lot to you, but not a lot in the context of this case.

Mum would have sponsored him, been denied because of the crimes and then given the opportunity to file a waiver. As they are now asking about hardships was the waiver filed? Should have veen this was years ago, but wondering what the game plan is.

[Boiler 43,395]

Actually, no. Plenty of people in the US are wrongly convicted. And due to the story, I can see how it may have looked to the cops like domestic violence. Even if the wife tried to defend him at the scene, the cops still could have taken him in because in many domestic violence cases the woman will still defend the man. They probably thought she was only doing it in front of the "abusive" husband. Come on, don't act like the cops in this country are saints.

From what I can gather all Cops hate Domestics, anyway they would not be the ones that prosecuted and it is not exactly uncommon for an abused partner to have a change of mind.