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.
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.
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.
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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.
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.
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.
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 reacted to Darnell in Criminal charges and deportation question