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Can somebody be arrested for not respecting a plea bargain?

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Marvin

Junior Member
What is the name of your state? DC

He was living in Dc and arrested and judged in Virginia.

Hi,

My question is :

A person living in DC signed 3 years ago a plea bargain in a Virginia federal court to waive his rights to defend himself in a immigration court and agreed to be removed from the USA ASAP and never seek to enter again.

He has been convicted of a crime of moral turpitude after that and had been placed in immigration custody (because he had overstayed in the country for 3 years at the time of the crime) after spending 6 weeks in a federal jail. All this was for him to avoid more jail time.

The same person had been given an immigration bond release of $10,000. He seized the opportunity and hired an attorney to appeal the removal, after almost 3 years of appealing the final decision was "denied".

He is just wating for the INS to give him a date for the removal. Now he wants to divorce his wife and marry a US Citizen so he will be allowed to stay.

Can this person just walk into a US court house to file or go through divorce proceedings without any damages? Like anybody else?

Thanks for your time and your answer.What is the name of your state?
 


seniorjudge

Senior Member
Marvin said:
What is the name of your state? DC

He was living in Dc and arrested and judged in Virginia.

Hi,

My question is :

A person living in DC signed 3 years ago a plea bargain in a Virginia federal court to waive his rights to defend himself in a immigration court and agreed to be removed from the USA ASAP and never seek to enter again.

He has been convicted of a crime of moral turpitude after that and had been placed in immigration custody (because he had overstayed in the country for 3 years at the time of the crime) after spending 6 weeks in a federal jail. All this was for him to avoid more jail time.

The same person had been given an immigration bond release of $10,000. He seized the opportunity and hired an attorney to appeal the removal, after almost 3 years of appealing the final decision was "denied".

He is just wating for the INS to give him a date for the removal. Now he wants to divorce his wife and marry a US Citizen so he will be allowed to stay.

Can this person just walk into a US court house to file or go through divorce proceedings without any damages? Like anybody else?

Thanks for your time and your answer.What is the name of your state?
Q: Can this person just walk into a US court house to file or go through divorce proceedings without any damages? Like anybody else?

A: No; divorces are filed in state courts.
 

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