Will my friend be deported for driving with a suspended license? 10 Answers as of December 30, 2011
My friend was pulled over by a police officer for driving without a license (or with an expired DL). He is illegal in this country but has been here for over 18 years, pays taxes, and went to college & obtained a degree. He is in jail as custody and has a hold of immigration. What is the likelihood of him being deported for such a low-priority misdemeanor? He is not a criminal and his record is clean.Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC | Lynne Feldman
He needs to immediately retain an immigration attorney who can visit him in detention and assess his case for any relief. Advise him not to sign anything and advise ICE he has an attorney and wants to explore his options before agreeing to anything. If no affirmative relief available, sounds like he may be a good candidate for prosecutorial discretion but would need to know all the details of his original entry, criminal and immigration history, what relatives he has in the U.S. and their status.
Answer Applies to: California
Replied: 12/30/2011
Marks, Calderon, Derwin & Racine PLC | Ofelia L. Calderon
If hes not eligible to stay, he may be deported but not because of driving on a suspended license. Hell be deported or given voluntary departure because he is here illegally. You should speak to an experienced deportation immigration attorney to see if he is eligible for some sort of relief. There is also a new prosecutorial discretion memorandum from DHS that may be helpful in a case like his. Perhaps the government could be persuaded to cut him loose and close his case temporarily.
Answer Applies to: Virginia
Replied: 12/29/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
He is eligible for bond and should not sign away his rights. This is a low priority case.
Answer Applies to: California
Replied: 12/29/2011
Law Offices of Grinberg and Segal | Alexander Segal
Unfortunately, once an illegal alien enters the criminal justice system, they are typically referred to ICE. Your friend will likely be placed in removal proceedings. This will allow him to appear before a judge and apply for relief from removal. We would need additional information regarding your friend to assess what relief, if any, he could seek from removal.
Answer Applies to: New York
Replied: 12/28/2011
Christian Schmidt, Attorney at Law | Christian Schmidt
The problem is that your friend does not have legal status that allows him to remain in the U.S. He can get deported for just that. He should consult with an immigration attorney for a review of his immigration history and assessment of relief from removal.
Answer Applies to: California
Replied: 12/27/2011
Law Office of Eric Fisher | Eric Fisher
He would not be deportable for the driving charge, but because he is in the US without authorization. If he has no other criminal record, he may be eligible for cancellation of removal or prosecutorial discretion.
Answer Applies to: Colorado
Replied: 12/27/2011
Wildes & Weinberg, P.C. | Leon Wildes
He will not be deported because of a licene offence but seems deportable as an overstay or illegal entrant. He can request prosecutorial discretion and ask to remain.
Answer Applies to: New York
Replied: 12/27/2011
Perez & Gomez Law, LLC | Ana Maria Gomez
Your friend is not being deported because of the driving offense. She/he is being deported because he does not have the appropriate documents and status to stay in the U.S. The best advice is that your friend or anyone on his behalf contact an immigration attorney before signing anything to determine if he qualifies to apply for any immigration benefit before an immigration judge to remain in the U.S.
Answer Applies to: Minnesota
Replied: 12/27/2011
Bell, Nunnally & Martin, LLP | Karen-Lee Pollak
Unless your friend can show family ties to the US such as US citizen parents or children; it is likely he will be deported because of his illegal status not because he did not have a valid drivers license.
Answer Applies to: Texas
Replied: 12/27/2011
Matthew Cameron Attorney at Law | Matt Cameron
Your friend will be facing deportation for his long period of time without legal status in the United States, NOT for this relatively minor criminal offense. He should try to obtain a competent immigration attorney as soon as possible to see if there is a possibility of release on an order of bond as well as any possibility of future relief in his case.
Answer Applies to: Massachusetts
Replied: 12/27/2011
