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Criminal Immigration Issues Dealing with INS and other related issues.

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Old 10-25-2017, 10:02 AM
pepeperez pepeperez is offline
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Default Plead guilty as a sex offender; will he be deported?

Hello, my knowledge of immigration and state laws are really bad, I was reading and reading, but I cannot find information, my friend has a problems in Louisiana, his lawyer are asking him to plead guilty as a sex offender to take 5 years, he is a green card holder. Can he take advance of good behavior to early releas due this?

Louisiana Law

§571.3. Diminution of sentence for good behavior
A.(1) Every prisoner in a parish prison convicted of an offense and sentenced to imprisonment without hard labor, except a prisoner convicted a second time of a crime of violence as defined by R.S. 14:2(B), may earn a diminution of sentence, to be known as "good time", by good behavior and performance of work or self-improvement activities, or both. The amount of diminution of sentence allowed under this Paragraph shall be at the rate of thirty days for every thirty days in actual custody, except for a prisoner convicted a first time of a crime of violence, as defined in R.S. 14:2(B), who shall earn diminution of sentence at the rate of three days for every seventeen days in actual custody held on the imposed sentence, including, in either case, time spent in custody with good behavior prior to sentencing for the particular sentence imposed as authorized by Code of Criminal Procedure Article 880.

§538. Conditions of probation, parole, and suspension or diminution of sentence
A.(1) No sexual offender, whose offense involved a minor child, shall be eligible for probation, parole, or suspension of sentence unless, as a condition thereof, the sexual offender is prohibited from engaging in any business activity which provides goods, services, instruction, or care to and requires the offender to engage in a significant amount of direct contact with minor children.


With all this new Trump Immigration rules, he will be deported? and how much time he need to stay in jail to be deported?.

Thank you in advance

Last edited by pepeperez; 10-25-2017 at 10:08 AM..
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Old 10-25-2017, 10:35 AM
yourself yourself is offline
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He's going to be deported. Pretty much any criminal conviction, and he's deported. Sorry.
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Old 10-25-2017, 11:01 AM
pepeperez pepeperez is offline
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He's going to be deported. Pretty much any criminal conviction, and he's deported. Sorry.
Do you know if he can be "deported early" for good behavior? Thank you!
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Old 10-25-2017, 12:18 PM
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Do you know if he can be "deported early" for good behavior? Thank you!
Dunno. What I would do is contact his consulate - the consulate of the country where he is a citizen and would be deporting to - and have them aid in the process.

Of course, I would not do this if the country of origin would react badly to a conviction, where he could stand trial a second time, where he would be more limited upon that country discovering his conviction, or where that country would target him. If any of those are the case, I would contact a good immigration attorney and ask about refugee status. It may not help him to stay in this country, but it may help him get deported to another country willing to receive refugees from his country of origin.

So, if he's an out, gay man and he's going to be deported to Chechnya, then getting refugee status with a country that doesn't kill people who are gay would be a good thing BEFORE getting out of prison would be a good thing so that he could go to say Italy instead of back to Chechnya.
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