David,
I saw that you mentioned you did time with guys in for illegal re-enrty. I was wondering how much time they were sentenced to and if they had other charges besides re-entry? If so did they run the time concurently. Did they serve in state or fed. prison? Any information you have would help. We are just trying to prepare for the future and want to do some intense research before hiring a lawyer. We've both been researching for the last year. Me online and him in the legal library. We both feel like we have been running around in a huge circle.
We've been screwed (excuse the expression but I can't think of any other way to say it) by so many attorney's for a lot of $ and want to be sure we have the best attorney we can get.
Thanks for any assistance/guidance.

Getting screwed by Attorneys is what most of us have been But, that is another story.

I have seen so many variations of guys dealing with illegal re-entry.. Some are doing time because they commited new crimes while others simply crossed back in after they were deported post-sentence.

In the State of Texas (and this probably applies anywhere in the U.S.) if an illegal allien commits a new crime they generally make him do his time for that crime and then the Feds pick him up on the charge of illegal re-entry or "aggrevated re-entry". I have heard very little of people getting their new crime sentences and illegal re-entry sentences run CC.

One rule of thumb is this.. If you are in the Feds you ARE usually able to get pulled out on a writ/motion to a state court to "sign for time". This allows you to run your time CC (concurrent) (sp?). BUT.. The Feds usually will not run a federal sentence CC with a state sentence if you are already in state custody and have not been sentenced for the feds. Thus, if you are in state custody and have federal charges pending.. You will have to complete your state sentence prior to starting your fed sentence..

I had my own state sentence run cc with my feds but I landed in federal custody prior to signing for any state time. I had to do a little dance for this to occur too.. If I had bonded out on the Fed sentence and signed for state time first, they would have taken me into state custody and I would not have been able to conclude my federal stuff until after the state had expired..

This was the plan the ATF had from the get-go.. They tried and tried to get my state probation to revoke me prior to them filing charges.. Then I would have done state time on the revokation and then the federal gun violation time.. Luckily, my state probation refused to revoke me until I was charged with a new crime.. They didn't see a deer rifle as a violation to my probation..

I have to run to work but will follow up on this when I get home..

David

An immigration agent already came to see him while he was at reception. They wanted him to sign a document admitting that he re-entered illegally. He refused to sign with out his attorney present. They explained that since they know where he is they will be back with in the next year or so to re instate his deportation order. I was also informed by a priest that is also an immigration specialist os a NY case where time was run concurrently. However this was in 2nd cirut (NY) not 11th (Florida). The case was USA appelle v. Wilson Silvero Gil Fermin. We're hoping that maybe it will help us. Any other info. or recommendations you have would help.
Thanks!

they just need to kick out all the illegal aliens. is anybody learning form this terroist shit?! america cares more about the other countries than there own. i'm glad to see something is actually being done. i'm sorry its the person you love. but america needs to help their own. especially right now and we still aren't.
if these illegal aliens commit a crime they need to kick them back from where they came from. Arizona's prisons are over crowded and that's because they are putting people like illegal aliens, drug offenders, and murderers and rapists but letting the murderers and rapists out first because of the lack of space so they can do it again which is very likely to happen.
drug abuse can be cured. illegal aliens can be kicked out.

How old are you? My fiance came to this country from Italy when he was 9 months old. He lived here for 28 years. HE IS AMERICAN! He loves baseball and still sings the national anthem whole heartedly! Regardless of what this county has done to him he feels American through and Through. We grew up in NYC. He installed the elevators in the world trade towers, we lost friends and family on 9/11. Did you? He has no links to terrorism what so ever. He comes from a place that you probably connect with daily. How often do eat pizza or pasta? Do you buy designer clothes or leather shoes? Have any glass in your house? Where is your family from? I highly doubt that they immigrated here with the pilgrims! Unless you are native American then your comment is not only offensive but ignorant as well.
This web site is a place for support and understanding. If you cannot do that maybe you should keep your comments to yourself!

I agree with Bella, the only non-immigrant people in the US are the Native Americans. European people went over to the US and stole the land of the Native Americans, then they went and steal people from their land in Africa. These comments don't belong here. People who are not from your country or don't speak your language, are not aliens, they are people like you and me. Instead of refusing them, try to learn something from them, it will enrichen your life. Not all muslims are terrorists, not all african-americans are thiefs and not all Mexicans are rapists. Same as not all whites are rich...
These comments are not supporting anyone who has a loved on in prison, it has nothing to do with it and is just provocing. So please do not post any comments like this anymore

sorya,
thanks for the support :)

you're welcome. I know this forum is open for everybody, but I'm sure the others agree that these kind of comments don't really fit in here

Hi everyone,
My name es Debbie I´m living overseas, but have my husband in the States in Yazoo City - Mississipi he was charged for re-entry after 14 years, because he was deported after committing a federal crime, he came back to his country where we met, and made a family have 3 beautiful children ages 10, 8 and 6, we visited the states June 2000, my husband´s parents live in Florida sin 1980. We had no problem going in actually we stayed 15 days and came back after 4 months he decided to visit his parents thinking that his deportation was ok as 4 months back but instead he was detained at the airport, he was charged for re-entry and was sentenced to 57 month this was last Oc.t 4th, My question is
He is not allowed in the EEUU OK, thats perfect, they don´t let him in, but why can´t he return to this country and family, I thought that Americans fought for keeping families together what was the crime here ????, It is very difficult for me to travel to see him, so the only way we can communicate is my mail o phone. Is there anyone out there with the same problem as I.

Debbie,
They are currently trying to pass a law the the INS could not detain people indeffinately. I agree they should just return him to his country. A lawyer explained to me that years ago they never prosecuted people for illegal re-entry. People who keep getting deported and come back. The INS felt they were spending to much $ on deportations and felt if they start sentencing people harshly them they would not take a chance an try to return in the future. However, the sentences are very harsh! If I get any infor on this law I will be sure to e-mail it to you.

Thanks so much , if you really get to have some info regarding that law, I would very much appreciate it.
And it´s true is all a matter of $$, the someone gets rich for the missfortune and sadness of other if you know what I mean.
Thanks again
Debbie

Hey guys, here is a web site from ACLU that talks about Mandatory Dentention is illegal. There's also alot more information that might help you guys some.

http://www.aclu.org/news/2002/n030502b.html

Hope this helps some.

Joy

"Whatever his status under the immigration laws, an alien is surely a 'person' .... Aliens, even aliens whose presence in this country is unlawful, have long been recognized as 'persons' guaranteed due process of law by the Fifth and Fourteenth Amendments."
-- U.S. Supreme Court Justice William J. Brennan, Plyler v. Doe (1982)

Joy,
Have you found any info in regard to re-entry and how much time you must serve etc.? Any news about your husband? Hope all is going well for you.

:fb: I WON! :fb: I WON! :fb: I WON!!!!!!!!!!!!!!!!:fb:

I'm sorry I forgot to tell you guys what happened. I got a letter last Saturday from Juan telling me that there were 12 of them slated to go back to Cuba and that they would be gone within 7 days. Ofcourse I was beside myself. The week before I had screamed, wrote letters called the INS officer in charge. I had at first called the facility where he was at on Thursday to see if I could get a visit. I was told he was on "stage" and was not allowed visitors. I called INS and asked why. He said he didn't know and he would call the warden. He did, called me back and said that he was on "stage" which meant that he was told not to unpack because he was only passing through. As to why he wasn't sure and said he would investigate it and I was to call the next day (Friday) and he would let me know. I called, answering machine (as usual) and never got an answer that day. Then, I got the letter (Saturday) about him leaving so on Monday, I called again under pretense about getting visitation. (I am not about to tell them what Juan is telling me) and he said he was still working on it and would call me back in a few minutes. 30 minutes later he called and said that the way was cleared for me to visit. All I had to do was call the Warden and set up the time. He gave me his name and number. I asked if he was going to be there long enough for me to see him and he said yes. Then, (monday) that night I got a call from a friend that Juan had called collect (he can't call collect here) and said they wern't sending him to Cuba. He was able to call me the next day and this is what he said happened. He was transferred back to Pine Praire on (Monday) and was put into the hole on Tuesday with 6 other Cubans. So he was not allowed to have any contact with anyone. Then, towards the week they pulled each on out individually, processed them and put them on the plane. He was the last to be pulled out and they processed him and put him back in General Population. Took his picture and gave him a new status. The other six guys were sent back and he was left behind. INS still denies that they are sending any Cubans back because we have no relations with Cuba. I am wondering if they didn't send him back because they knew that if they did I would tell the world. I'm still not sure the reasoning for them to keep this quiet. However, I'm not going to say much until I find out more details and facts. However, all I know is Juan isn't going back AND they are talking about sending him to an After Care Program for 6 months and if he is a good boy, they will let him come home. Havn't heard anymore on this though. That's ok, Juan is still here.

So, that's the update.
Joy

I havn't found anything yet on sentencing but will keep looking. If I do I'll let ya know.

Hang in there
Joy

JOY you and Juan are in my prayers hope you two are together again soon!

Joy.......
YEAH!!! I am so happy for you!!! And I am sure your interest and involvement DID have something to do with it.... So... *PAT on the back* for your persistence!! :)

JOY-GREAT NEWS--KEEP US POSTED--

SHERRI

Thanks guys, but this is just one battle. I won this one but will not have won the battle until he is home. Thans for listening during my rampage. It does help to vent somewhere, it's like you are able to think through things as you are screaming and ranting....ideas come to your head.

Joy

HI there everyone,
Does any one know about the new inmigration law that´s justa come up or it´s about to, do any of you know where I can get a statement on it.
Thank you, I want to see if there´s anything there that can help Rick (my husband), and write to the congreess man. See if anyone hears me.

Thanks to all.

I'm not sure if this is what you are looking for, but I just sent letters to my congressman on this. It is two laws that are being presented. Here is the web site to read about them:

http://www.aclu.org/action/immigration107.html

Let me know if this is what you are looking for. Need any more help, let me know and I will see what I have in my bag of tricks. :D

Take care
Joy

I know I am soooo late on this thread but I felt I had to put my thoughts somewhere. As some may have read my intro my husband Felix was sentenced for a re-entry charge to 77 months in federal prison. As you all may know our fight with INS has almost destroyed our whole life. My husband will soon be 30 yars old and has been in this country since he was 12. He knows no other life but the United States. And they wonder why he keeps coming back, well apart from the time he has been here he has me his legal wife of 10 years and we have a three year old son. Through the years of figting and deportations and prison we have lost our home, vehicles, our physical health and our mental and emotional stability. Felix has lost his pride and I am so unstable that even going into town sends me into a panic attack. Felix is scheduled to be moved to a federal prsion June 25 to start his prison sentence. And I have already decided that he will NEVER sign deportation papers and we will fight this all the way to Washington. There has to be people out there who understands and wants to change these laws. I have already written to President Bush and I did get a response back. They are turning Felix's case over to INS to see what type of relief he may can get. God I pray that there is relief for us and for the many who suffer everyday. I am trying to come up with ways to fight Felix's case and at the same time help other people who are in the same situation. I welcome any suggestions and comments.

Kim,
Sorry that I did not repond to this sooner. (see my post in members-what makes us tick). I have a question, when your husband came back was he arrested for new crimes of just for re-entry. That could make a difference. I plan on doing some intense research on the new laws that may come into effect and will keep everyone posted of any info. I get. If you have any questions please ask, I will do my best to answer.

Thanks for responding. No, when Felix came home this time he was not charged with any new crimes. His only charge is re-entry. He was sick and had not been home long from the hospital. No, he is not the perfect person but his criminal record is not full of violent acts. He had a felony in 1992 which he did his time for. Other than that he had a couple of DUI's and a gun possession charge which he recieved a suspended 12 month sentence because the gun was not actually in his possession, it put was in our truck by his uncle and FElix was not aware of it. Anyway I am just begging for someone to listen to me. Yes Felix has made mistakes but none that shoud warrent what is happening to him. He is almost 30 years old and may never live long enough to come out of prison this time, and his only crime for which he came home for was to LIVE and that got him the re-entry charge. I seen him yesterday for the first time since he was taken to a federal facility and it broke my heart. He is still in the transit stage and will be moving agian in a few weeks. He is so sick and he has seen no doctor just been given medication that we do not even know what it is. He s unable to eat and barely even talked the whole visit. He looks so bad and he has given up all hope. I do not know what to do or where to turn but someone has to realize that Felix does not deserve to serve this time and then be sent to a country that will eventually kill him if prison does not. Yes he made mistakes as a young person as we all do but to deny him the chance to ever have a normal life here with his family will destroy him. He is a very kindhearted man who made some really bad choices of which he regrets with all his heart. There has to be some type of relief. His health is going down really fast and so is mine. Since his incarceration I have been in and out of the hospital and now have learned I have a heart condition. I really want to fight immigration but I am at lost as to where to start. Thanks for listening.

Kim, I know exactly how you feel. I just found out today how INS can get around some of the "new" laws that says they can't hold INS detainies indeffinately. My husband is from Cuba, He is not perfect either, but he is not a danger to society. He was deported back in 1994 and came back to the U.S. legally, but it was illegal. He was picked up in the ocean, taken to Guatanamo bay, processed and brought to the U.S. by the American Government. however, he used a different name. They didn't catch it. They took his fingerprints and everything and still didn't catch it. Now he has a deportation order, but since the US and Cuba do not have relations, he can't be sent back. A Federal Judge ruled that he couldn't be charged with illegal-reentry because the US "legally" brought him in, they didn't catch it. So, they deported him on a drug charge back in 1984. Now he is being held, indefinately. Since he can't be deported, he had a review back in March to see if he can be released on supervised parole until which time INS can deport him. This is from the "new law" that says that an alien who cannot be deported because of relations like with Cuba, is allowed a review to be released. This review is to determine if he is a danger to society or a flight risk.. (he came back to the US twice, how is he a flight risk?) Anyway, I heard today from INS that his review (which a decision still hasn't been made and it started in March) will probably be denied. They are baseing this on the fact that since he came back to the states then he has no regard for the American Law so he probably won't abide by the laws when he gets out. So, when the decision comes down, he get's another review a year from the date of the decision which will probably take another six months or so to decide, et.c...etc..etc... You know a cycle. Their way of "legally" keeping him in prison because they couldn't get him convicted on illegal reentry.

It will be the 4th of July Thursday, our one year anniversary that he was arrested and I am to celebrate my country, I am to be patriotic of our laws and the freedom of this land. Yet, my husband is being illegally detained for a stupid reason. You want to know why he came back? When he was deported, Castro took him straight from the plane to prison, he was then released on bond and was awaiting trial for illegally leaving the country (Cuba). Do you think he was going to stay around and go to prison for leaving his own country? so, he comes here and is being detained for illegally coming into this country. Nobody wants him and I have to say he is trying to stay positive and believe in God, but he is doing better than me.

I'm sorry for rambling, but I am really depressed tonight and am having a hard time with this. I think I could handle a lot better them giving him a sentence of certain years. I could then have something to look forward to. But there is no end here, we go from year to year and I'm sure they will find a reason to keep him year to year. There is no end in sight.

Gotta go
joy

I am sorry that you are going through this. I know it is a never ending cycle. Felix had been deported three times but each time it was for a reason. Yes he broke the law coming back but I would like for them to tell me what else he can do. If they can tell me that then fine we will leave and never return but they can't. FElix has been in this country since he was 12 years old. He knows nothing else. And on top of that he has me and our son who will turn 4 years old tomorrow. His health is really bad and so is mine. I am scared he will probably die in prison. I know I should not think like this but I see no hope. I seen him yesterday and it was heartbreaking. He was so sick and down that he could barely drink a coke.
As far as the JUly 4 goes, well there will be no celebration at my home. I no longer salute the flag nor do I stand for the national anthem. I am an AMERICAN BUT I AM ASHAMED. I WISH I DIDN'T FEEL THAT WAY BUT I DO. my own country has taken away my dreams and my hopes and i don't know i will ever get it back. So Thursday will be just another ordinary day for me. i will probably drive from Ga to Fla to see FElix and then I will come home and go to bed. FIREWORKS ARE DEFINITELY OUT OF THE QUESTION.
TALK WITH YOU SOON.

I know how you both feel. I also do not salute the flag or sing the anthem. My parents came here as immigrants to live the american dream, and they did. However, their daughter, an american, was stripped of it. It hurts me that I have such a bitter taste in my mouth for a country that deep down I love. Honestly at this point I have no loyalty to the US. What kills me is that my boyfriend feels the opposite and disagrees with me not being patriotic. He still salutes the flag and sings the anthem with pride. He has said they can say that he is not American but they cannot take America out of his heart. He came here at 9 months old, he feels American through and through. It is so ironic to me that after all they have done to him his loyalty still lies with the US. Guess it just proves again that he is a better person than they are.
Joy, sorry about the news with the laws. Unfortunately we all know how subjective laws can be. Any info on the other law passed? Hope you get some good news really soon.
Kim, stay strong. I know it's hard but your son needs you! My grandmother always said as long as we have our health we have everything. Try to stay strong so that you can fight for Felix and his medical needs. Now there are 3 of us which means 3 more against them,lol this fight is gonna be long and hard but maybe, just maybe, we will be the ones that make the difference.
I will spend the 4th of July visiting. He will celebrate the independance of this country and I will celebrate another day with him.

Hi and thanks for the pep talk. Felix is currently in FCI Tallahassee but he will only be there a few weeks, he is being designated to FCI Jesup here in Georgia. But we are still very close to each other and I am ready to fight. I have had enough pain. I hope you enjoy your visit on the 4th, unfortunately i can't go to see Felix, because his counseler screwed up the visitation forms. I am so upset about this.
Take care and talk to you soon.

Debbie, I'm glad to have found you here (or should I say sorry). I'm father of Mariano, who shared with Ricardo some months in the FDC Miami before being sentenced and sent to Coleman, FL in June 2001. When I visited my son in May 2001, I had the pleasure of greeting your husband and his mother and say them thanks for their consideration and help to my son.

I recall our conversations with the people of the Argentine Consulate and the general astonishment of everybody for the tremendous non-sense and injustice against Ricardo. I really hope that this will change, because having him in prison does not benefit anybody and it's absolutely cruel and unnecessary.

I've just written a letter for him, because I found his address in Yazoo through an inmate locator service. What a coincidence, I was ready to send the letter to him.

If I may be of any help, my phone in Buenos Aires is 154-473-4684. Perhaps this could have been a personal message, but I preferred to post it here because it may show how useful these forums may be to improve communication and mutual support.

Best wishes for you and family,
Andrés Magré

Dear Andres,
How nice to hear from you, I too belive that these forums are very useful to help one onother. I am still trying to do the impossible for Ricardo to come back home as soon as possible, but it´s like fighting against a ghost.
Each day that passes by I understand the Americans Laws less and less because they make no sense at all. It is very unfair because Ricardo has committed no crime, he is paying for something that he already payed for when he was 17 years old. I will try to get in contact with you later.
For all of you guys out there fighting to have your loved ones at home you ´re in my prayers every day !!!
Best regards,

Debbie

Thanks Debbie! The fight is long and hard but I'm not giving up yet!!!

Thanks for your reply Debbie, now you know that anything I can do I will, and keep investigating. Best wishes for you and your family.

Andrés

I do have another subject which could be interesting. When my son was incarcerated, one of the alternatives we were seeking was his transfer to his country, Argentina. This would have meant an earlier release, because there is 65% parole here, instead of 85% in the federal US system, and of course he would have been close to his parents and friends, and his girlfriend would have obtained an Argentine visa easily (she is Venezuelan and couldn't obtain one for the US).

Our research resulted in a no-way for my son, because Argentina has neither signed a Transfer Treaty with the US, nor with the Organization of American States. BUT: other countries do have a treaty with the US, and will accept a transfer. This does not mean a reduction of the sentence, but a possibility of an earlier release. In cases where the prisoner runs any risk for his life in his own country, or will be politically prosecuted, the US ACCEPTS a THIRD COUNTRY which could accept the transfer for humanitary reasons. For example, a Cuban prisoner could ask for humanitary transfer to Spain, or Venezuela, who have signed a treaty with the US, and be transferred to that third country and obtain the benefits that the local justice may offer (not a new trial), provided that third country accepts it.

It's important to note that Latin American prisons are much worse than US prisons, but each case is a different story and there are many factors to consider. However I think that a Latin American country or Spain are more flexible, and a humanitary request may find a response and not a wall.

I have to dig a little in my Historial sites to find the legislation. If someone is interested, please let me know and I'll submit all the information I had gathered.

Un abrazo - Andrés

my husband is serving 77 months for re-entry. he had priors but nothing violent. This time he is only doing time for the re-entry. Is there something i can do to get him deported before he serves all the sentence? I would appreciate any help from you guys.

Have you contacted an attorney? How was he pciked up? Was it for a new charge?

my husband was picked up at traffic court. I paid an attorney a large sum of money 3 yrs ago and he did not do anything to help. he was not picked up on a new charge. just speeding ticket.

Unfortunatley I do not think there is much that you can do unless he get's paroled for deportation purposes only. You can however look into the transfer treaty. That is not easy to get approved with re-entry charges but definately worth a shot. He would need to look into this from his end.

how could he get paroled for deportation purposes? who would i have to talk to about that? thank you so much for replying.

This page from the US Department of Justice will help:
http://www.usdoj.gov/criminal/oeo/index.htm

I have some other links related to international prisoner transfers but I need to know which nationality is your husband and which language you speak (Spanish, I guess).

As far as I know, parole for deportation could be granted only to legal residents who opt for permanent deportation. I hope your husband is eligible.

Un abrazo,
Andrés

actually he doesnt qualify since his charge is re entry.. that would make him non legal resident. my husband is mexican and we speak spanish. I contacted an attorney, they want 1200.00 initially. I am not sure if I should retain them. everyone i have talked to is telling me that he will have to complete his time. I have contacted my state reps. I am just waiting for a reply. any advice would be appreciated. thanks.

chelo.

What did the attorney state that they would try to accomplish?

Chelo, first of all contact the Mexican Consulate. In my son's case, the Argentina Consulate was very helpful. They know very well all the laws concerning immigration. Perhaps they are reluctant to get involved in so many cases of illegal immigrants, but this case is very particular because your husband has been sentenced for a long time, it's not a simple Mexican citizen caught and immediately deported.

Mexico signed the OAS mutual treaty, then he should be eligible AT LEAST for the international prisoner transfer program, and once he is under Mexican Justice, he could obtain a substantial reduction. This means a very long distance for you, or a move to Mexico, but it could be better than serving a long sentence in the US.

For example, if my son was transferred to Argentina, he would have been released with 2/3. The Justice of the country of origin cannot reduce the sentence, but can grant parole according to its own laws.

Un abrazo,
Andrés

I have dontacted the Italian consulate and he has written many letters, unfortunatelt they have no been very helpful to us at all. Any suggestions?

I understand that the US Justice reserves the right to grant a transfer or not, but the Italian Justice has an obligation to request the transfer on behalf of an Italian citizen in full use of his rights (unless for some reason he lost those rights). Did he formally filed an application in the Italian Dep. of Justice ?

In the case of my son, his application was sent to the Argentina Ministry of Justice, with copy to the Consulate in Miami. Once received here, it was the Min.Justice who filed the request to the US DOJ. As I've said, it was of no avail because of the lack of an international treaty. I know of an American basketball player who is serving time in Argentina and could never be transferred to USA because the US DOJ first looks for an existing treaty. If there is none, they archive the case and don't care even for its citizens.

I guess that you need a person in Italy who could move paperwork according to Italian laws.

Un abrazo,
Andrés

THE ATTORNEY JUST STATED THAT HE WOULD WORK ON THE CASE WITH THAT FEE UNTIL I WAS SATISFIED WITH THE RESULTS. HE DID NOT REALLY STATE WHAT HE WOULD ACCOMPLISH.

Andres,
We are still working with his cousin to retain an attorney in Italy, until that is final I will continue to send letters. I will send one to the Italian bureau of Justice as you recommened.

Chelo, I would ask the attorney what is "game" plan is. Please keep us imformed so we can help out if needed and this may also possibly help others in the same situation...THANKS!

Dear Bella, these are some links I've got after a short research. Those in English refer to the case of Silvia Baraldini who was transferred to Italy, and the others are from the Ministry of Justice in Italy. They are written in Italian. If you don't find someone in your familiy or friends who can read it, please tell me and I'll do it for you.
http://www.usdoj.gov/opa/pr/1999/August/375crm.htm
http://users.rio.com/ross/Velt.html
http://www.giustizia.it/pol_internaz/atti/penale/ricerca_materie/trasferim.htm
http://www.giustizia.it/cassazione/leggi/l334_88.html
http://www.giustizia.it/pol_internaz/atti/penale/multilaterali/conv_trasf_pers_usa.htm


Definitely the place to file an application and expect a reply, is the Ministero della Giustizia in Iyaly.

Un abrazo,
Andrés

do you file this in the US or send it to Italy. DO you have an address...You are wonderful!
Also I was able to acess all the links from this post...wonder why they didn't work in the PM you sent me.
I will send all of it to him to read :D

Yes, the links in this page work ok but not in my PM, I dónt know why, but anyway you could reach the site.

I'll look further into this. I guess that every address and every person in charge should be available somewhere in their site. I understand Italian pretty well and will try to find more specific information, later this night, and then come back to the forum. One thing is sure, that any application should be sent to the Italian Justice, because they have the obligation to act on behalf of a citizen, while the US Justice will do nothing if not formally requested by a foreign Ministry of International Affairs or Ministry of Justice, invoking the Prisoner Transfer Treaty. Wi'll be back later.
Un abrazo,
Andrés

Chelo, please forgive me for focusing in Bella's subject, but it raised in the conversation, and this is the way that one thing brings another which may be of someone else's interest.

Of course if you want I can investigate the Mexico/ USA Treaty and bring to your attention whatever I can find, provided that your husband really wants to be transferred (not released for deportation) and submitted to the Mexican Justice.

Un abrazo,
Andrés

Dear Bella,and for CHELO too: these links will give you much more information. The link which contains the long text of the Convention in Italian, is mainly a translation of the original French/English text, which you can find in the link below

Italian Law #334 25 July 1988 (Mainly the Italian Version of
the same Convention of Strasbourg) .In particular, Art. # 12 states that any of the two parties may concede amnesty, grace or commutation on the basis of its own Constitution and Laws.
http://www.giustizia.it/cassazione/leggi/l334_88.html#INDICE

English Version of the Convention on the Transfer of
Sentenced Persons (Strasbourg Convention, 1983)
http://conventions.coe.int/treaty/EN/cadreprincipal.htm

And then there are these:

Questions and answers:
http://travel.state.gov/transfer.html

Prisoner Transfer Program (Federal and State)
http://www.usdoj.gov/criminal/oeo/index.htm

Specialized attorneys' advice (I would not trust)
http://www.lawonline.bz/Prisoner_Transfer_Treaties/Prisoner_Transfer_Treaties.htm

Critical Analysis of the Strasbourg Convention, June 2001
http://assembly.coe.int/Documents/WorkingDocs/doc01/EDOC9117.htm

Actual procedures at the Italian Ministry of Justice
(in Italian)
http://www.ristretti.it/areestudio/giuridico/europa/attuazionetra.htm

FOR CHELO: This link in Spanish is the text of the OAS Convention which applies to Mexican citizens.
http://www.oas.org/juridico/spanish/tratados/a-57.html

These links I wrote for Bella apply to your case too:
Questions and answers:
http://travel.state.gov/transfer.html

Prisoner Transfer Program (Federal and State)
http://www.usdoj.gov/criminal/oeo/index.htm

Specialized attorneys' advice (I would not trust)
http://www.lawonline.bz/Prisoner_Transfer_Treaties/Prisoner_Transfer_Treaties.htm

Please tell me if you need some translation

Un abrazo,
Andrés

Andres...you are SO WONDERFUL! Thank you a million times!

My husband is currently in federal custody for illegal re-entry after being deported to Mexico once. I don't know what kind if time he's looking at but hopefully someone her will give mesome input. Any advice would be greatly appreciated.

Sorry Mercedes, I don't know about any guidelines for sentencing in these cases, only one or two particular cases. I hope someone in PTO will have some answer.

Un abrazo,
Andrés

see them pm i sent you mercedes. i really dont know too much about the subject, but i have had to live through this nightmare.

thank you escamillo for being so helpful. que dios lo bendiga.

iilegal reentry after deportation
HI
My name is Vella. My fiance is also charge with illegal reentry. He was sentenced on March 10th to 46 months. He also had a aggravated felony before, he served 4 years in federal and was released in 2000. since then he hasn't been in ANY trouble. he was just coming to visit us ( me and our two boys) and was arrested. I was told basically there is nothing we can do to fight this. can anyone help me with this. please i am desperate
Vella:)