Will ICE deport me?

[solsenxxx]

Hi. I was recently convicted of what's called felony stalking my ex-wife because she withheld my child from me. I am Austrian and have lived in the US legally since 1991 (with a 3 yr. hiatus). No prior convictions or troubles with the law. I am in Washington state. I was sentenced to 5 months house arrest with ankle monitor.

My questions are as follows:
1) what are the chances of ICE showing up at my door and detaining me for deportation?
2) do they have the right to enter my house with a warrant and arrest me?
3) this is a rebuttable offense. What are the chances that I could successfully rebut deportation by arguing my case?

Thank you

 

[Zigner]

Hi. I was recently convicted of what's called felony stalking my ex-wife because she withheld my child from me. I am Austrian and have lived in the US legally since 1991 (with a 3 yr. hiatus). No prior convictions or troubles with the law. I am in Washington state. I was sentenced to 5 months house arrest with ankle monitor.

My questions are as follows:
1) what are the chances of ICE showing up at my door and detaining me for deportation?

Anywhere from none to certain...we really can't guess.

2) do they have the right to enter my house with a warrant and arrest me?

Yep, that's what warrants do.

3) this is a rebuttable offense. What are the chances that I could successfully rebut deportation by arguing my case?

You were found guilty...I'm not sure what you think you can rebut.

Speak to an immigration attorney.

 

[PayrollHRGuy]

1) This isn't a casino we don't give odds.
2) Of course, they have the right to enter your house and arrest you if they have a warrant.
3) You didn't seem to be able to rebut it to well if you got convicted for it.

 

[NeilTheCop]

I know you don't have to, but after living legally in the US for nearly 30 years why have you not applied for citizenship?

 

[Ohiogal]

I know you don't have to, but after living legally in the US for nearly 30 years why have you not applied for citizenship?

Because citizenship is NOT necessary
And it is only 28 years

 

[LdiJ]

Hi. I was recently convicted of what's called felony stalking my ex-wife because she withheld my child from me. I am Austrian and have lived in the US legally since 1991 (with a 3 yr. hiatus). No prior convictions or troubles with the law. I am in Washington state. I was sentenced to 5 months house arrest with ankle monitor.

My questions are as follows:
1) what are the chances of ICE showing up at my door and detaining me for deportation?
2) do they have the right to enter my house with a warrant and arrest me?
3) this is a rebuttable offense. What are the chances that I could successfully rebut deportation by arguing my case?

Thank you

You really need to be consulting with an immigration attorney. A few years ago I would have said that it was unlikely that you would be deported in such circumstances. However, now a days its really impossible for a layperson to even remotely give odds.

 

[NeilTheCop]

Because citizenship is NOT necessary
And it is only 28 years

I said that at the start of my reply, and it is in fact only 27 years.
I was just wondering that's all.

 

[solsenxxx]

Hi. I have not thought about applying for citizenship. No particular reason. I know that I can speak to an immigration attorney and I will but of course this is not the advice I expected posting here. Lastly, some offenses are rebuttable to IMMIGRATION (not to criminal court) and mine is one that falls under that category. Thank you for all your replies.

 

[solsenxxx]

Also, I have since learned that ICE can enter my house with a warrant. So wouldn't they always get a warrant before going to someone's house? Legally the warrant for arrest (but not to search the house) does not have to come from a judge but ICE can issue it themselves. What if someone hides inside their house and doesn't open the door? Will they break it down if they suspect the person inside? Thanks

 

[Mass_Shyster]

Under 8 U.S.C. § 1227(a)(2)(E) , this is a deportable offense.

" (i) Domestic violence, stalking, and child abuse.

Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable."

I also have no idea what you mean by "rebuttable offense". You've been convicted.

 

[not2cleverRed]

Under 8 U.S.C. § 1227(a)(2)(E) , this is a deportable offense.

" (i) Domestic violence, stalking, and child abuse.

Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable."

I also have no idea what you mean by "rebuttable offense". You've been convicted.

Of a felony no less!

 

[CdwJava]

Also, I have since learned that ICE can enter my house with a warrant. So wouldn't they always get a warrant before going to someone's house? Legally the warrant for arrest (but not to search the house) does not have to come from a judge but ICE can issue it themselves. What if someone hides inside their house and doesn't open the door? Will they break it down if they suspect the person inside? Thanks

No, ICE cannot issue their own warrants. They seek one through a judge just like everyone else. They can issue "detainers", but these are NOT the same as arrest warrants. That is why states are able to turn their noses up at the feds when it comes to immigration law and pass legislation prohibiting law enforcement from cooperating with ICE on criminal aliens.

If you hide in your home and never go out, they will generally need an arrest warrant (or, a search warrant, depending upon the laws of your state) in order to forcibly enter and seek you out.

In my experience, unless you have been released from custody and transferred to ICE custody, the chances of them showing up on your doorstep is slim - even if you had been convicted of a violent felony.

 

[NeilTheCop]

House arrest is a new one to me. Do you have a probation officer?

 

[CdwJava]

House arrest is an option that is becoming more and more common as a means of relieving pressure on jails, and also also permitting the convicted party to pay for a portion of the related costs of monitoring and supervision. The problem is when ity is applied to progressively more serious offenses. I am troubled that it might be permitted for a stalking case!

 

[Mass_Shyster]

In my experience, unless you have been released from custody and transferred to ICE custody, the chances of them showing up on your doorstep is slim - even if you had been convicted of a violent felony.

That's not true around here (Mass). Mass doesn't honor ICE detainers. The SJC held that they are civil detainers in nature, and Mass law doesn't allow incarceration on civil matters. (Unless it's contempt of court).

I had a Brazilian client picked by ICE up at home on his way to court.