If someone gets deported due to aggravated felonies could they have a chance to return to the states? 4 Answers as of October 05, 2011

It really depends upon the circumstances. Cases involving criminal aliens are extremely difficult. It would be best to retain experienced immigration counsel who can determine if anything can be done to keep him in the United States. There is relief available to aggravated felons depending upon the types of crimes, length of residence, and hardship to relatives. However, you are helping by working on having the convictions lowered or vacated.

You are required to reopen the case at the court that last had jurisdiction over the matter. If that was the Board of Immigration Appeals, you would file it there. If the case was never at the Board of Immigration Appeals, you would file it with the Immigration Court where he was ordered deported. Unfortunately, the regulations bar a Motion to Reopen once a person has left the United States, but the Federal Circuit courts have split over whether that regulation is constitutional. You would have to check the regulations in your Circuit to determine whether he can seek a Motion to Reopen. Additionally, if you reside in the 11th Circuit there is favorable case law that would allow your husband to get a waiver of his crimes even if the crimes are aggravated felonies.

You should seek post conviction relief where he was convicted. Hire a good criminal attorney that has experience in post conviction relief.

You have to start with the Court that took the last decision in his case. It sounds like it's in GA. Anytime you are dealing with courts, you want to have an attorney helping you with that. There is just too much substance and procedure that is difficult to grasp if you do not do that kind of work regularly. Believe me, that applies to lawyers as well. Good luck!