Hello all. Recently my fiance found out there is a order to send him back to Mexico at the end of his sentence. When he was first going to court he pleaded innocent but then they plea bargained with him and he plead guilty to a lesser charge. I think I read somewhere that someone was supposed to tell him when he accepted the plea agreement that there was a strong chance of him being deported. Is this right?

Yes that is right. They are supposed to notify him of this at sentenceing. If they did not then he may have an argument. Do you have the transcripts? If not get them and file an appeal.

i'm not sure if they told him that or not. he said he "had an idea" that they might send him back before the order but that's all he told me. i'll have to ask him that when we talk. thanks,bella,for the help. i really hope this nightmare will end soon.

I am new to this forum and have a similar situation. I hope all goes well for you and would welcome any feedback as to my entry, which i cannot find. thanks

hello all, maybe i can shed some light here also. my brother is in a detention center in louisiana right now. ins took him there after completing his criminal sentence. my brother was served with a notice to appear before immigration and has yet to go to court.
my brother starting looking into his criminal case he fiqured if he could get his sentenced reduced or vacated ins would have to release him because then there would be no reason to deport him. well like many of your family members and friends he was not told either of pleading guilty would lead to deportation, so now he will file a corim nobis with the court that sentenced him on his conviction . what a corim nobis is , is asking the judge to vacate his sentence because the legal representation didnot advise him of his rights. well he is in the process of this now and i will keep you posted as to how it goes.
julie

sorry i haven't responded to this earlier but my fiance did remember that they told him about possibly being sent back before he plead guilty. he even had to sign some papers i guess. thanks for your help in this matter anyways. we're hoping that since his baby's mama has been accused of child neglect now he will get sole custody and then they will have to make him stay since he would be the sole provider. but i was thinking, they wouldn't consider him the sole provider if they were living with me and i was taking care of some of the bills, would they? they shouldnt since i'm not gonna adopt the boy or anything. it would be just his son.

well to tell you the truth INS does not care if you have children that does not hold you here anymore. if he is considered an aggrevated felon the chances are high for deportation. sorry to be the bearer of bad news there. I wish you all the luck in the world on your case.