Posted by karina on 7/21/05

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my fiance, and the father of my twin daughters, was twice
convicted of domestic violence-- once with me and another
with the previous relationship about 3 years back. We've
worked our issues out and he is getting counseling so I
feel it is the right thing for him to be with our girls.
The problem is that he was ordered removed based on the
first conviction and the BIA denied his appeal. In the
meantime, we had an incident because I was hesitant to get
married, and, well, one thing led to another... I called
the police and got a restraining order. As a result of
this, he violated probation in LA county and the judge
sentenced him to a full year and threw my fiance in jail...
i was even more devastated to find out that immigration put
a hold on him and the jail release him to the INS
authorities ahead of schedule. As we were not getting
results with our previous attorneys, we went pro per and
filed an appeal and stay of removal to the nonth circuit
while my fiance remains in immigration custody.
I am very concerned now because I was told that even if
there is a rule against "indefinite" detentions, that
because of the resentencing in the original case, my girls'
father is now considered an aggravated felon, which carries
more consequences.

BECAUSE OF THE TWO CONVICTIONS, IF MY FIANCE IS EVENTUALLY
DEPORTED, WILL THERE BE TWO TEN-YEAR BANS, ONE FOR EACH
INSTANCE, OR WILL HE BE BARRED JUST FOR THE PERIOD
ASSOCIATED WITH HIS NOTICE?

WHAT REMEDIES DO WE HAVE? I FORGOT TO MENTION THAT HE HAD
BEEN HERE JUST UNDER A YEAR WHEN HE WAS FIRST SERVED BY
INS ...I WISH THERE WAS SOME HOPE BECAUSE OUR LAST ATTORNEY
DECLINED TO REPRESENT US FURTHER SAYING THAT IT WAS A WASTE
OF OUR MONEY AND THAT WE SHOULD JUST PLAN TO MAKE A LIFE IN
MY FIANCE'S COUNTRY.

IF WE DO HAVE TO GO, WHAT STEPS SHOULD WE TAKE IN THE
FUTURE IF THERE ARE ANY DELAYED REMEDIES?

Re: ninth circuit-immigration appeal, criminal deportation, 9/07/05, by Steve.

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