Incarcerated Immigrants Often Lose Important Rights to Fight Deportation

Incarcerated Immigrants Often Lose Important Rights to Fight Deportation

A recent Rewire article details the plight of an undocumented immigrant who spends years atoning for her crime, in the form of incarceration, probation, and restitution, only to now face deportation for her now-17-year-old crime. The 34-year-old Peruvian immigrant and mother of two now faces an impossible choice: reenter sanctuary or leave the country within 48 hours. Her situation highlights an all-too-common predicament for immigrants with no legal status who are charged with crimes; criminal defense attorneys often do not have the resources or knowledge to warn individuals of the consequences of their criminal conviction on their immigration status, which leaves many of them facing immediate deportation. Ingrid Encalada Latorre was charged with felony impersonation after she entered the U.S. within no legal immigration status at the age of 17. In order to work, she had used another individual’s social security number to obtain a job in a Colorado nursing home. At the time, Latorre’s criminal defense attorney advised her to accept a felony plea deal, and when asked, told her that the deal would have no impact on her immigration case. Had Latorre realized how a felony plea would impact her immigration case, she says, she would have pushed for a trial in the criminal matter, in hopes of getting a misdemeanor conviction. This alternative could have made all of the different in her immigration case. Latorre entered sanctuary in Denver in December, 2016, where she remained for the next six months. She was able to leave sanctuary when given a three-month stay of removal, which gave her time to prepare herself and her children to leave the country, all while being monitored by Immigration and Customs Enforcement (ICE) via ankle monitor. She also was subject to weekly visits from ICE, as well as driving to visit ICE offices once each week, an hour from her home. While Latorre has attempted to reopen her criminal case based on a claim of ineffective assistance of counsel, the judge refused to do so, although he did find her claim to be credible. We are the California deportation defense lawyers to whom you can turn if you or a loved one are facing deportation proceedings, no matter whether you are facing criminal charges, you have a criminal conviction, or you simply have no legal status. Regardless of the complexity or difficulty of the situation, Landerholm Immigration, A.P.C. has the experience, knowledge, and skills to advocate on behalf of you and your family throughout the course of any deportation proceedings. Contact our office today and let us answer all of your questions about any aspect of deportation proceedings.
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