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Deportation after government error

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Haylo22

Junior Member
Can this be fixed?

Ok It's kind of long and confusing but here it goes so a few years back, my friend was caught on the phone trying to buy weed from a guy who the federal government was actually after. With that, everyone caught talking to him or doing anything with the guy were arrested and facing the same charges. Instead of him trying to fight it, he took a guilty plea which was for way more than what he was actually trying to get. So he got a federal charge and a state charge with 2 years probation for both. The problem with taking the plea was it made him an 'aggravated felon' under US law and he's from Canada. He doesn't have his citizenship here only his permanent residency card. During the process of the case, he was in federal prison for almost 11 months so they counted that as time served plus the 2 year probation sentence. He helped with the investigation as well. He thought he was going to get deported right out of prison but he was never picked up. Two years later he renewed his permanent residency card with no problem. Flash forward to a month ago, which is a 3 mark after he was released from custody, ICE picked him up and he was given a deportation notice. He tried for bond twice but they didn't give it to him based off his conviction and he didn't try and appeal it bc the judge basically said it would be pointless. So he signed the deportation papers and is about to get deported back to Canada.. I feel like there may be some sort of law suit he can do since he was released from federal custody, was allowed to live normally, was also given his permanent residency card back and renewed, and then randomly just picked back up for no violation. Am I right or does that not matter? Is there any way to get him back in the country or is he screwed?
 


Proserpina

Senior Member
Can this be fixed?

Ok It's kind of long and confusing but here it goes so a few years back, my friend was caught on the phone trying to buy weed from a guy who the federal government was actually after. With that, everyone caught talking to him or doing anything with the guy were arrested and facing the same charges. Instead of him trying to fight it, he took a guilty plea which was for way more than what he was actually trying to get. So he got a federal charge and a state charge with 2 years probation for both. The problem with taking the plea was it made him an 'aggravated felon' under US law and he's from Canada. He doesn't have his citizenship here only his permanent residency card. During the process of the case, he was in federal prison for almost 11 months so they counted that as time served plus the 2 year probation sentence. He helped with the investigation as well. He thought he was going to get deported right out of prison but he was never picked up. Two years later he renewed his permanent residency card with no problem. Flash forward to a month ago, which is a 3 mark after he was released from custody, ICE picked him up and he was given a deportation notice. He tried for bond twice but they didn't give it to him based off his conviction and he didn't try and appeal it bc the judge basically said it would be pointless. So he signed the deportation papers and is about to get deported back to Canada.. I feel like there may be some sort of law suit he can do since he was released from federal custody, was allowed to live normally, was also given his permanent residency card back and renewed, and then randomly just picked back up for no violation. Am I right or does that not matter? Is there any way to get him back in the country or is he screwed?
Please don't make multiple threads for the same situation.
 

tranquility

Senior Member
First, I agree with Proserpina. If there was another thread with more information, that is where to put this question.

As to here, the fact the Administration has chosen as a general rule (aka: Um...I don't know, despotism?) or some administrator chose as a specific rule for your friend's facts (aka: Prosecutorial discretion.) to not follow the law does not give rise to a tort on the part of the Administration or the administrator. There is no lawsuit here. Even if there is some imagined violation of some law (There is ALWAYS some imagined violation of some law.), there are no damages. Don't get me wrong, I understand your friend will be hurt. But, it either would have been the same hurt if the law was enforced appropriately up front, or, if your friend properly mitigated his damages.

The usual remedy for when the government does not do what is supposed to do is for the person hurt to get a Writ of Mandamus. That is basically a court order that demands the executive (However far down that rolls.) do his job. Obviously, that is not the remedy sought in this situation.
 

Shadowbunny

Queen of the Not-Rights
The other thread:

https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/warrant-aggravated-sexual-assault-person-out-country-625892.html#post3418856
 

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