Can a Atty in DR Represent a Dominican Who Is Appealing an INS Case in the US

mandryjx

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Jun 27, 2006
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Wondered if I could get legal advice with respect to appealing a case in the US via the DR. The person in question has already been deported back to the Dominican Republic. This person had permanent residency, has American children and lived in the US for over 10 years. An incident occurred where the arms the person carried was unregistered, unbeknown to him. Thus, carrying an unconcealed, unregistered weapon in the US is considered a felony. Said felony was the cause for deportation. Ruling: "no respect for the laws of the US". The case was appealed and denied and now reappealed, but has been sitting within the branches of INS for many years. This person who now resides in the DR, needs defense. My recommendation to this person is to seek an attorney in said country. Is that possible, did I route this person down the right path. Please advise.
 

HOWMAR

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Jan 28, 2004
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What makes you think a Dominican trained and licensed attorney would be competant or allowed to represent somebody in a US legal venue?
 

mandryjx

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Jun 27, 2006
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HOWMAR said:
What makes you think a Dominican trained and licensed attorney would be competant or allowed to represent somebody in a US legal venue?
Well I guess that?s why I'm posting the question. Competency is not so much the concern - DR has brilliant practicing attys., credentials can always be scrutinized, more of an issue would be whether or not it can be appealed via the DR's INS offices.
 

Mirador

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Apr 15, 2004
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No, a DR lawyer is useless for your case. However, you may try to have him redeported, but this time back to the US, if you can get somebody to involve him in drug trafficking...
 

zak023

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Feb 8, 2006
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This is POST 9/11 it sounds like your friend was stripped of his US citizenship..There will be no appeal ..That should have been taken care of before the deportation..With 4+ yrs. experience with USBCIS not INS as you put it..They changed the name 3 years ago...United States Breau of Citizenship and Immigration Services....That person is banned from the US for good...Carrying an unlicensed firearm in almost any country is illegal...The US is not the place to do it...I'm surprised he didn't get 3-5 years in prison before they kicked his butt outta the USA...If that was the reason then its a done deal...NO APPEAL.!!!
 
Jan 5, 2006
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What he needs is not an appeal of the original sentence since he has already been deported, but something referred to as a "waiver". He is allowed to apply for such a "waiver" after a given period of time (I believe 10 years) following the deportation.
 

aegap

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Mar 19, 2005
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sounds like your friend was stripped of his US citizenship

not of his US citizenship. He was apperently stripped of his US greencard. ( I don't think a naturalized citizen would get stripped of his US citizenship for such an offence)
 

Hillbilly

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Jan 1, 2002
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With US born children he may have some grounds for appeal....as long as he did not commit a felony with the unregister weapon.

Dumb a$$ was behaving like he was in the DR where carrying a weapon is a sign of "the machoman"...Sheesh!!

HB :D:D
 

bienamor

Kansas redneck an proud of it
Apr 23, 2004
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So True

aegap said:
not of his US citizenship. He was apperently stripped of his US greencard. ( I don't think a naturalized citizen would get stripped of his US citizenship for such an offence)

They can and will strip the residency (green card) they cannot strip citizenship, naturalized or born there. Remember Reed the guy that tried to blow up and airplane (explosives in his shoes). They tried to revoke citizenship and could not. he is serving a long time in prison.

Dumb A$$ wants to live there get his citizenship, and don't try the macho crap. Assume that this was in NY one of the roughest states on unlicensed guns.
 

mandryjx

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Jun 27, 2006
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Mirador said:
No, a DR lawyer is useless for your case. However, you may try to have him redeported, but this time back to the US, if you can get somebody to involve him in drug trafficking...
Mirador your a regular rocket scientist aren't you. Your response is actually very funny. Thanks for the laugh. ;)
 

DavidZ

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Aug 29, 2005
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www.vipcigartours.com
I met a dominican attorney at the Dominican Tourism and Investment expo in Miami last weekend. She's Licensed in both the DR and US (Miami). She specializes in imigration and naturalization law. You may want to give her a call:

Rosenny Burgos
305-392-7475
 

zak023

Done and dusted!
Feb 8, 2006
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Yes Thats what I meant

aegap said:
not of his US citizenship. He was apperently stripped of his US greencard. ( I don't think a naturalized citizen would get stripped of his US citizenship for such an offence)


I meant he was deported without a chance of getting his citizenship...

And Yes posession of an unlicensed firearm of any type is a FELONY..

Automatic grounds for Deportation...Sounds like this was NYC...Was It ??

10 years if that is still true is a long time...Our hero can't possibly have not known the gun was unregistered...If HE/SHE didn't have a permit it doesn't matter if it was licensed or not..It was not for that person....