View Full Version : How much time is usually served before being deported?


LB13
01-30-2011, 03:21 PM
This might have already been answered but I just couldn't find anything more specific. My fiance got arrested last summer and just got his sentencing and is now to serve 48 months in a State Prison. He plead guilty to the charges as per advice from the attorney. He could have fought the charges and got him cleared but then INS would have come in and charged him with the federal charge of re-entry which would have been more time then what he got sentenced to. We are hoping that he gets deported real soon and doesn't have to serve the full 48 months before he gets deported. His attorney told him on average 9 months is what people are serving before they get deported. I am wondering how accurate is the 9 month figure that he was given or is he going to more than likely serve more than 9 months or will he probably serve the entire sentence before being deported. No matter what happens I am going to be there with him I am just trying to figure out how much time I have to get my ducks in a row. My mom told me that I need to have everything ready so that I can pack up the house in a moments notice and not have a bunch of loose ends to tie up, she told me just be prepared. Thanks

flilly13
01-30-2011, 04:08 PM
I really dont have an answer for you about how much time they do but ur mom gave u really good advice! PREPARE=) and good luck....

LadyBlackz
01-30-2011, 04:26 PM
Yea I dont really have an answer for that except...they have to do 85% of their time for the state...but if he is charged with re-entry thats prolly where the 9 months will come into play. Reason being, he has to serve his state and federal time (if any) seperately. The amount of Fed time he would do is based on the crime he commited and how many points it got him. Re-Entry is automatically 8 points. You should sit down with his lawyer and talk about his state sentence then maybe get a hold of an immigraton lawyer to ask those questions. Good Luck to ya.

zunigan
01-30-2011, 09:29 PM
In California its 85% for what they call a violent crime. And 50% for others. Here we serve it all and then get deported. I think its different with the Feds. They ususally serve all of the time they get. Each state could be different

LB13
01-30-2011, 09:31 PM
Unfortunately his attorney said that he can not come back to the states because if he does and he get caught it is minimum 5 years federal time. Right now he does not have to federal time it was a negotiation where he plead guilty to the charges and they would not have them prosecuted for the re-entry instead they would just deport him. I am just really scared about all of this and what will happen. He said that he does not want to stay there that he wants to come back here and that we could move closer to my mom who now lives 3000 miles away. I don't know what to do he wants to and plans on coming back here. The attorney said it is a big chance he would be taking because he gets caught it will be federal time and the charges will come back. He is not eligible for a pardon or anything that would allow him to come to the US legally. There are 7 charges that bans someone from coming to back to the US and he is charged with one of those. He has been here since he was nine years old and he does not want to live in Mexico. I told him I will go where ever and that I can always get a job. I am just really missing him and I have not got to see him since he got transferred from jail to prison. Thanks

lysoto
01-30-2011, 10:45 PM
My husband has a lifetime ban and was charged by the feds... he got 8 months and will be done next month but it has been so difficult without him that it is not worth doing this again for him to be in the states. I am moving to TJ with my other ladies here in the forum and I think this is the best decision as it is getting a little bit of both worlds. Your man can be free and you still have a little taste of the US and can come back and visit when you need to. I have not done it yet so Im hoping it goes as planned but with all the support i have been getting here I am very optimistic everything is going to work out and be for the best. Really consider that option and I would encourage you to talk to other ladies here who have already made the move. IF he gets caught or should I say when ( not trying to be pessimistic, but its getting really tough here ) again its going to be more time away from each other and your going to repeat the whole stressful cycle again. I would begin looking into a possible move, researching job opportunities for the both of yous and living arrangements. That is what I have been doing the past 8 months and now that we have our plan my husband feels a lot more comfortable and accepting of the idea of staying in MX. Really talk to him cuz it is not worth losing him again for even longer... you can live happily in mexico, you just have to stay positive and make the best of every situation you come across. trust me i know its hard and the rest of us can all relate...im here if you need any help or have any more questions!

cscscs007
01-30-2011, 10:57 PM
He wont be charged by the Feds. Too much time has passed. As for Immigration they will do whatever they want. It will be between the Dept of Corrections and Immigration to decide if he serves all of it or some of it, but I would bet on all of it.

LB13
01-31-2011, 12:28 AM
I have had so much time to think about what the attorney said and what would happen if he got caught again and I don't want to loose him again. The bad thing is right after he got arrested I ended up having a miscarraige and that devastated me. I told him months ago that I will move and that I can get a job anywhere. I had already looked into some of the hospitals in different areas, I even looked into staying in TJ and me traveling back and for and working across the border. He has been here since he was nine years old and his family is all here and so is his business that he owns. I just don't know what to do I am here by myself away from my family. I talk with my mom about everything and she is supportive of whatever I do. She told me we can't live her because whoever turned him in will do it again if they would find out that he ever came back into town. I am just really scared about him trying to come back to the States, I really don't mind moving and living where ever he wants to as long as I got him I will be okay. I just have so many thoughts and emotions going through my head at one time I just don't know where to begin. I will hopefull soon get to visit him because he just got transferred to the Prison about 2 weeks ago and it has been since June of last year since I could even touch him - I just miss him so much. I just don't want him to know how scared I am about everything because I don't want to upset or worry him. But I have really been thinking about what the attorney had said to me - he straight out said he can not come back to the states because if he would get caught he is doing federal time. Him and I have so many plans together and we are not getting any younger. I just want him to be happy. I am hoping that when we can visit in person we will be able to talk more openly and not worry whether our conversations are being recorded. So I will take any advice on what steps to take on moving to Mexico and how to convince him that things would be okay there as long as we have each other.
Thanks again

LadyBlackz
01-31-2011, 02:40 AM
Well look at the bright side...y'all just have to go to Mexico...I MIGHT HAVE TO GO TO FREAKIN GUATEMALA! :lol:
But good luck to ya. Definatly get in good with these ladies, they are all good peeps and I'm sure they can steer you in the right direction when y'all make your move.

mrsmedina
01-31-2011, 02:03 PM
[QUOTE=lysoto;5931543]My husband has a lifetime ban and was charged by the feds... he got 8 months and will be done next month but it has been so difficult without him that it is not worth doing this again for him to be in the states. I am moving to TJ with my other ladies here in the forum and I think this is the best decision as it is getting a little bit of both worlds. Your man can be free and you still have a little taste of the US and can come back and visit when you need to. I have not done it yet so Im hoping it goes as planned but with all the support i have been getting here I am very optimistic everything is going to work out and be for the best. Really consider that option and I would encourage you to talk to other ladies here who have already made the move. IF he gets caught or should I say when ( not trying to be pessimistic, but its getting really tough here ) again its going to be more time away from each other and your going to repeat the whole stressful cycle again. I would begin looki

mrsmedina
01-31-2011, 02:42 PM
hi my husband and i are having the same issue as you guys. But my husband is getting charge with illegaly re-entry right now. does anyome know how much time federal is giving??? Please help

myfreedom2010
01-31-2011, 02:52 PM
He will most likely do his sentence of 48 months (or whatever it is for good time in the State he is in) and than he will be deported - I would not advise him to come back "illegally" to live in the US especially since the Fed's dropped their case based on the fact that he is doing his State time and than being deported.

I would really try to convince him to start a new life with you and him in Mexico (if that is where I think you are referring to by TJ) - I was in prison with several woman who were going to be deported after their sentence was complete in Virginia - INS picked them up directly from prison!:eek:

Take care and I hope all works out for you....

myfreedom2010
01-31-2011, 02:54 PM
hi my husband and i are having the same issue as you guys. But my husband is getting charge with illegaly re-entry right now. does anyome know how much time federal is giving??? Please help

here is some info on your situation...

Illegal Reentry into the U.S. After Removal: Crime and Punishment

After an alien has been legally "removed" from the United States, federal criminal law makes it a felony for that alien to reenter (or be found in) the country without approval of the government.
What Constitutes "Illegal Reentry"?
Under the applicable federal criminal statute, the Immigration and Nationality Act (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f3829c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=f3829c7755cb9010VgnVCM10000045f3d6a1 RCRD), it is not merely illegal reentry after removal that constitutes the crime. Rather, the law applies to any alien who reenters the U.S. or is found within the country, without government approval, after having been:

Denied admission to the U.S.;
Excluded from the U.S.;
Deported from the U.S.;
Removed from the U.S.; or
Departed from the U.S. while an order of exclusion, deportation, or removal is outstanding.
Penalties for Illegal Reentry
Under relevant federal statutes, an alien who commits illegal reentry as described above will be punished with:

A fine; or
Imprisonment for not more than two years; or
Both fine and imprisonment.
Penalty Enhancements for Prior Criminal Convictions
If the alien reenters or is found in the U.S. without government approval, after a criminal felony conviction for a non-aggravated felony, or after three or more misdemeanor convictions for drug-related crimes or crimes against persons, he or she is subject punishment by:

A fine; or
Imprisonment for not more than 10 years; or
Both fine and imprisonment
For aliens reentering or found in the U.S. without government approval, after a criminal conviction for an aggravated felony, the statutory maximum term of imprisonment is 20 years. Other criminal penalty increases may be imposed for aliens who have been removed after certain kinds of incarceration, and aliens deemed to be associated with terrorism.




Take Care Steph

mrsmedina
01-31-2011, 06:57 PM
omg that is a long time. Do you know anything about the points they have?? I dont know much but i was told something about points. And does anyone know why do they have to go trhu so many courts and not being told much he wil have his final court in april and will be his 5th court he goes to. Another thing the pub-defender had told him something about 8 mths sentence is that true??? Cause when i talk to the pub-defender he did not say much to me.

LadyBlackz
01-31-2011, 08:05 PM
omg that is a long time. Do you know anything about the points they have?? I dont know much but i was told something about points. And does anyone know why do they have to go trhu so many courts and not being told much he wil have his final court in april and will be his 5th court he goes to. Another thing the pub-defender had told him something about 8 mths sentence is that true??? Cause when i talk to the pub-defender he did not say much to me.

the points all depend on what his criminal history is. re-entry is automatically 8 points, everything else adds on top of that.
check this out, its the sentencing guidelines chart. you have every right for the pub. defender to give you info. and if not, your man has all the paperwork and he can tell you.

http://www.miami-criminal-lawyer.net/html/federal-sentencing-table.html

mrsmedina
01-31-2011, 08:24 PM
thanks for the info.

LB13
02-01-2011, 01:52 AM
I failed to mention when he was in county jail and immigration asked him if he was willing to be deported he said yes. We are hoping that he will be deported quickly and his attorney said once things are settled in at the state prison and the counselor is assigned to call him so he can try to help push the process forward and have him deported sooner than later. So if he is willing to be deported will that make him serve less time? This is just so much to take in at one time and I really miss him right now and not being able to talk to him everyday like we were while he was in county is hard not to hear his voice everyday. Thanks so much

mrsmedina
02-01-2011, 09:09 AM
well my husband did one year of state prison. And yes he did want to get deported i believe he even sign but he was never told he had and order arrest for ice till the day he was getting out. He was even dress in regular clothes ready to get deported. And ice got him and took him to county jail. All i know is that he has been going to alot of courts and has been moved around from county jail to san diego ice detention and now he got moved to a private fed-prison in california city. And he is waiting for the next court that will be in april. I dont know much and it drives me crazy not knowing. I have not talk to him yet but i hope to do it soon. I miss him so much to. I will try to visit him this coming weekend. He is only 2hrs away from me. The last time i saw him was back in oct. When he was in state prison i was visiting him twice a month. But he has been moving around alot in this last months. I miss him so much.

LB13
02-02-2011, 12:43 AM
well my husband did one year of state prison. And yes he did want to get deported i believe he even sign but he was never told he had and order arrest for ice till the day he was getting out. He was even dress in regular clothes ready to get deported. And ice got him and took him to county jail. All i know is that he has been going to alot of courts and has been moved around from county jail to san diego ice detention and now he got moved to a private fed-prison in california city. And he is waiting for the next court that will be in april. I dont know much and it drives me crazy not knowing. I have not talk to him yet but i hope to do it soon. I miss him so much to. I will try to visit him this coming weekend. He is only 2hrs away from me. The last time i saw him was back in oct. When he was in state prison i was visiting him twice a month. But he has been moving around alot in this last months. I miss him so much.



The one thing that scares me is that his attorney said that with him pleading guilty that he would not be charged by the feds and that he probably serve about 9 months before being deported since he is signing the paper to willingly be deported. When he was first arrested last year ICE had a hold on him and was not eligible to get out on bail. His attorney is going to push for him to be deported as soon as possible. Sometime I feel as if he spent all of this money and his attorney isn't always upfront with him on the issues at hand. I just want him home with me whever our might be in the future.

cscscs007
02-02-2011, 02:00 AM
Yes, you have to figure up the points and then reduce the points for acceptance of resposibility (up to 3). Last person I dealt with was looking at 20 years (illegal reentry after drug/violent crime conviction) and she got 18 months.

mrsmedina
02-02-2011, 11:24 AM
My husband called me last night. And i was talking to him about how much time he would get in fed prison. He told that he is looking at 12 to 15 months. I was so happy to hear that. that sounds better than 48 months. He told me that everyone time is different. Cause it has alot to do with the points. And what they have been charge in the past. I dont know much but i hope this helps you all. And about attorneys yes they dont do much when is for illegaly re-entry i looked around before. And they did not give much hope. They told me that no matter what he had to do time in fed. I just hope everything goes well for him all i could do is be here for him.

RF13
02-04-2011, 06:38 AM
Im having the same problem with my man about the INS. He has an INS Hold. He was sentences for 16 1/2 months. They said he would do half that so i hope so. Then im not sure whats going to happen to him after hes done with his sentence. He just got to Reception a week ago in NKSP in Delano, CA. INS sucks!

RF13
02-04-2011, 06:41 AM
I wish they would just deport him right away instead of serving time.

RF13
02-04-2011, 06:41 AM
The prisons are over crowded as it is.

RF13
02-04-2011, 06:43 AM
I wish there was a way somehow they can stay in the country. Wasn't there a law passed or something for them to stay in the country?

mrsmedina
02-04-2011, 09:59 AM
I dont know but i do agree with ins sucks. They give them so much time in prison for re- entering to the usa. When all they really did want is to be with their familys, And the pay for that like criminals. And once they get deported most familys move to mexico and give up almost all their rights as a us citizens just to be with their familys. They really need to make better laws. It makes me so mad that ins dont undertand how many familys they brake apart eveyday.

soldier_girl
02-04-2011, 04:10 PM
I feel u on the attorney issues right now I'm doing my friend a favor by looking and talking with different attorneys and once they hear just a tiny bit of his case they all say the same thing oh we don't do that here and I want to say then wtf do u do it's so frustrating so my advice is keep your head up ma...

LB13
02-20-2011, 04:37 AM
So, let me put some updated information out here about my fiance and what I now understand has happended in regards to his charges with the state and whether or not there will be federal charges. The good news is that the attorney had negotiated with the DA before court sentencing to not notify the Feds in exchange my fiance would plead guilty with a argument of 2-5 year sentence from his attorney and the DA agreed to 4 years up to 10 years. So he got the 48 months with no federal charges to brought against him. They reduced his level 3 down to a level 2 - thank goodness for that because in the state of Nevada you would rather be up for murder than a level 3 because it carries a 25 to life sentence in that state. The attorney's goal is for him to deported sooner rather than later and hopefully that will happen. So some good news and the rest is just a waiting game trying to figure out if they will come and deport him soon or how much of the sentence they will make him serve in state. We are putting our faith into this attorney's hand and they say that he is the best around. Thanks everyone for all of your support.

cscscs007
02-20-2011, 08:58 PM
Well, your attorney isnt being very truthful. In order to be charged with a federal offense there is a time limit involved. The feds have to hand down an indictment within 30 days of arrest if the person is in custody (in jail). I would guess that he has been in jail for more than 30 days so the time has passed. If the person is released on bail or gets out of jail then the time limit changes.

negretelove
02-21-2011, 11:04 AM
My husband and i just went through this process....
he did 8.5 YEARS in state prison and from our understanding the feds/INS and state DO NOT work together. There is no way the state and the feds came to a plea agreement stating he would not get fed time for illegal entry.

my husband did his state time then ICE came in and he was taken to a detention center where they decided to re-instate his first VD. they could have given him fed time but the ICE agent just reminded him if he was picked up again they would not be so nice.

The courts do not notify ICE of an illegal alien it is the DOC that notifys ICE..at that point ICE will investigate and put a hold.

what type of attorney are you dealing with? does he specialize in both criminal and immigration issues? does nevada have the RE-PAT agreement?