Category

Immigration

Non Disclosure for DWI Driving While Intoxicated Charges

By | Criminal, Driving While Intoxicated, Immigration

The Texas State Legislature in its 85th Session passed a law to take effect in September 2017. Any person who has been convicted of DWI (1st time) where there were no accidents or injuries will be permitted to file for a non-disclosure. There is a 2 year waiting period and the BAC must have been less than .15.

A non-disclosure is a petition that is filed with the Court which permits a person to seal records (from the Public) of an arrest and accompanying Court documents. The Federal government will still be able to see the records.

A gripping biographical essay by a prisoner friend

By | Criminal, Immigration

I could start this story in so many different places that the Hollywood hautte coutre would have a field day with it. But whenever my mind runs over my “prison story”, it always starts in the same place. It’s not, as would make sense to most, my first day “in the slammer” when the big steel door slams behind you like you always see in the movies. No, for me, my first day al¬ways begins with my last day in Tarrant County jail.

For the uninitiated (and I pray to God you spend your whole life UNinitiated, dear reader), if you ever have to go to prison in Texas, your first stop after the judge bangs the gave is a holding cell behind the court room. Your journey from there leads to the county jail, and after spending around 45 days there (the maximum allowed by law), you’ll be transported to the Texas De¬partment of Criminal Justice. That day, for me, came on December 1, 2005.
Acclimating to county jail had been fairly easy, what with the visits from friends and family every week day and the comforting thought that just on the other side of the walls and bars were the familiar sights and sounds of the city I had called home for nearly a decade after relocating from Odessa, my hometown whose only redeeming qualities are the historied football program at Permian High School and the most congenial gathering of good people ever to grace the desert.

But opportunity had drawn me to Fort Worth, and I’d been busy building my life. I had good friends, a great job as a middle school teacher, fullfillment from my volunteer service in my church’s youth group, and many relatives close by including my mother and my brother’s family. And this was the day I’d be leaving all that behind, because, along with all that good stuff, I now had an ugly and social¬ly intolerable black mark next to my name– a conviction for aggravated sexual assault of a child. There’s just no right way way to say something like that, is there? You see, when every¬one’s favorite teacher and church-youth-volunteer-worker-guy decides to pursue sex with one of his 12-year old students, that’s just bad, and the Texas courts definitely frown on it. So the day I was waiting to be transported to the TDCJ, I was being held in a “tank” with a bunch of other perverts, and some of them were certainly perverting. My first day “in prison” always begins with the thought of those three street hoods stan¬ding at the large front window of the tank “killing” on the “last bitches we’re gonna’ be seeing for awhile”. Translated into our language, that means the prisoners in the window were mas¬turbating while watching, and in full view of, the females who worked on the other side of the glass. These women might have been your daughters or your sisters, maybe your wives. And several of them wore badges. Yet, nothing happened to the “jack-monsters” in the window.

Now, I’ve seen the same movies you’ve seen, read the same books you’ve read; and I freely admit that, given the way I went off the rails, I’ve probably even seen real perverted stuff that will never come before your eyes. And none of that, not even the stories I heard in group at sex-offender treatment program, prepared me for seeing this display of animalistic behavior. I mean, it was like the dog humping a tree or something. My world was divided in two by that sight. Out there, beyond those walls, was a place were it wasn’t okay to stand in a window and mastur¬bate while watching the passers-by. Nope, you’d be arrested and put in a place where all of a sudden, it WAS okay- where the very law-women who should be arresting you were now the objects of the assault and did nothing about it, where all chivalry was dead because the men on the other side of the glass were just as aware and just as passive. Don’t get me wrong. I’m not trying to be sanctimonious here. In the scales, I’m sure any sane person would weigh child molestation as more despicable than public masturbation, and I’m right there with you. But even as I commit¬ted my crime there was no doubt in my mind that it was WRONG and it should be stopped. (It’s one of the reasons I turned myself in to the police when one of my roommates became suspicious of what had happened.) Well, this vulgarity was no less wrong, and, might I add, being done right in the middle of the Tarrant County Crimi¬nal Justice Center, and nothing was happening to stop it. And that blew my mind.

There’s a moment, I believe, in the mind of every prisoner. It’s a moment when he realizes, “Oh my God! I REALLY am going to be in jail for X number of years of my life.” This was that moment for me, and the first inkling I had that maybe there wouldn’t be much justice in the Texas Department of Criminal Justice.
* * *

If you come to the TDCJ from in-state, you come by Bluebird. That’s the name of the bus company that manufactures the medieval instruments of torture that transport you to prison in Texas. From the outside, it looks like a big, white schoolbus– all clean and shiny. The only tell that it holds a bunch of felons on their way to the joint are the plates of stainless steel with little peepholes drilled in them so the cons can see out. You’re handcuffed to somebody that weighs at least 50 pounds more than you do, and he stinks because, like you, he hasn’t showered in awhile. The interior also resembles a schoolbus, at least in that it is designed to seat people that are no more than four feet high and weigh less than 100 pounds. I am not exagerating. The seats are hard plastic, like a city bus, but the last time I had to “catch chain” (the prison slang for taking a ride on the bus), the seat I ended up in was only eight inches from the back of the seat in front. Of course, if you’re on the outside seat, there are things you can do to compensate, but remember, you’re the little guy cuffed to the big guy, so chances are you’re stuck on the inside.

The morning I caught chain out of Tarrant County, there was snow on the ground and the temperature hovered in the high 20’s. “Hurry up and wait” is the mantra of the TDCJ, and for reasons I’ll never understand, prison officials are very eager to make sure you’re ready to go on the bus even at four in the morning. That’s at least two to three hours earlier than necessary, but I’ve never seen it played out different and I’ve been on a lot of chain, so it’s gospel. You better get ready for it if you come to prison.

After I’d been stuck in the tank with the jack-monsters for over two hours, they herded us out into a hallway where we were stripped down to the bare skin and given a jumper. It was white and snapped up the front. It also had more holes than swiss cheese, and since underwear wasn’t part of the package deal what little modesty and dignity I was clinging to went right out the window.

So, we are run in a line out to the “sally port”, which, in the case of Tarrant County, was a big garage under the downtown jail. The concrete was frosty cold on my bare feet, but, oh, how I’d long for that precious warmth in a couple of hours. The guy I was chained to made himself out to be some kind of expert at going on the chain bus. This was one of the best learning experiences I’ve ever had in life, and I hope you will listen to me now, so you won’t have to have the same experience. EVERYONE in prison claims to be an expert at EVERYTHING. They are not. Please…trust me. They have no idea what the hell they are talking about and the sooner you learn that, the better off you will be. By far and away, the most precious commodity in prison is the truth, and you gotta’ dig for it like golden nuggets. But I digress.

The big lug I was chained to said we ought to ‘hold back, because the “good” seats (that is, the seats that were the first in the row up front where no other seats could he installed eight inches in front of your own chair) would be the last filled. The guards, he said, would make everyone go to the back of the bus. I thought he might be on to something when I heard the officers barking orders to go to the back of the bus and fill up the empty seats, but standing, as I was, on the ground, I couldn’t see that most of the other guys on this chain really DID know what they were talking about (and they climbed on before us and utterly ignored the instructions the officers were barking out. They not only plopped down in the best seats, but more often than not they stretched out over whole benches. By the time my travel-mate and I made it on, there was one bench left–the one over the dreaded “hump”. You know the hump. It’s that seat we all avoided like the plague even when we were diminutive snots, because any idiot could see there was no leg room at all on the hump seat. And this was the worst example of said hump seat I’d ever seen. The bench literally looked like it was bolted to the top of the hump. The clearance for leg room was, I am not joking, the thickness of the bench pad.

Now, even for a lithe and flexible human being, this was untennable. I, most assuredly, am not a lithe or flexible human being. I’ve had five knee surgeries. Ninety degree bends make me happy and are usually doable if I’m properly medicated. Getting on that bus, I was anything BUT properly medicated. Not wanting to cause any ruckus, though, I took my place on the hump, because, my quickly adopted philosophy was that sore knees are better than black eyes. The interior cage was locked, the bus was started, and after a last seemingly meaningless wait of half an hour or so, the sally port’s overhead door trundled open, and we were on our way.

Did I mention there was snow on the ground and the temp¬erature was hovering in the 20’s? Before we’d even got to the city limit, my feet were popcicles. All the snow under the bus was getting thrown up into the wheel well by the rotating tires and turning the hump into a perfect torture device. I made it all the way to Weatherford, and was singing halleluhjahs when we pulled off the interstate. I was hoping that maybe some of these fellow travelers would be getting off at some prison unit I’d never known existed in our little neighborly town. Imagine my surprise when the bus pulls up in front of some Mom and Pop convenience store, and all but one of the officers gets off the bus to go get coffee and a breakfast snack. They must have been thoughtful and thrifty fellows, too, because to save taxpayer money, they made sure the bus wasn’t idling. Oh yeah, the heater was turned off, too. We spent about twenty minutes there, the inmates getting disgruntled while the officers got gruntled, and we were off on our way again.

I knew we were headed to Abilene, and I knew there was a lot of road ahead before any of this would stop, so I did my best to ignore the pain and discomfort and snooze. It was still morning when I saw the outskirts of our des¬tination. The Middleton Unit sits on the north side of town and 1-20 skirts the north side of Abilene, so we never really did get into town. We took a right and made a few turns and this little city inside a fence of cyclone and concertina wire suddenly appears. The guns were stowed in a special locker and the fences were opened to let us inside. We drove around to where they gassed up the bus. This was my first exposure to the prison labor system. There are still full service gas stations in this world, you just got to get put in prison to see them. An old black man with a cheshire cat grin got the diesel tanks topped off while we chattered anxiously about what awaited us in the blue steel buildings all around us. After the gas was done, the bus pulled up to an intake building. There was a sidewalk, but it was on the other side of the bus. So, barefoot, we got out and walked across a road covered with jagged rocks about the size of golf balls. This was an especially exquisite torture considering the semi-frozen state of our feet. It was at this moment that I began to suspect that these people knew exactly what they were up to and were making the most of it.

We finally all made it into the building, and as the door closed behind me, I realized for the first time that I was officially “in prison”. The prisoners from the bus were lined up in three rows which had been conveniently painted for us on the concrete floor. Then we were told to take off our jumpers and stand naked until the intake officers came around and gave us our first official TDCJ search. God has blessed me with many gifts, but movie-star good looks isn’t one of them. So, of all the scary scenarios I imagined facing when I came to prison after watching a lifetime of gangster and jailhouse movies, homo¬sexual predation was not one of them. Now here, on my first day inside– really my first hour, there was this big, ugly thug one row up and about three guys over who just kept looking back and staring at me while we were waiting for the searchers to do their thing. Thinking I’d learned something from all those movies, I thought I’d better make a first impression and make it fast, because other guys were starting to notice how this dude was staring and were watching for my reaction. I screwed up my courage as the adreneline started pumping to gear me up for what I sure hoped wotld NOT be my first fight in prison. “Look out, boy! You need a picture or what?!” His eyes narrowed at me calling him “boy”, and he did indeed look pissed off enough to fight, but the other guys around us were laughing at the joke, and the presence of the officers made him second guess any thoughts he had of coming at me, I guess, because he turned back around and faced the front.

Finally, there was an officer in front of me. Texas prison guards almost all wear grey uniforms, and so we called them grey-suits. He made me open my mouth. Since I was bald, he skipped the part about running my hands through my hair. He made me turn around, squat, and spread my butt-cheeks. He made me lift each foot one by one. He made me turn back around and lift my nut sack. I guess that he finally got satisfied that I really WAS naked as a jaybird, because he finally went on to the next man.

The searchers eventually finished up and we were lined up to step up to a counter and get a set of inmate uniforms which consisted of a white shirt, a white pair of pants with no fly or button (just an elastic waist-band), a pair of boxers so badly made that after a decade in prison I still wouldn’t find a pair that hung comfortably, a pair of grey wool socks, and a pair of Chinese-made “winos” that resem¬bled badly-made knock-offs of the Vans I wore during the 80’s when jams were popular. (Aren’t you glad THOSE went out of style! RIP.) Then we were herded into one of the three cages in no particular order that I could per¬ceive. One cage was already full, and the second was getting there when I was put inside. The homo-predator was still “mean-mugging” me, so I was relieved when the officer soon decided my cage was full and closed it up.

We waited in that cage for about an hour and some inmate laborers brought us “johnny-sacks”, which are brown paper bags with a couple of sandwiches and maybe some raisins or prunes. If I’d of known how many of those suckers I was going to see in my TDCJ stretch, I would have thrown it away right then, but as it was, I was hungry, and the bag had food in it, so okay. Another hour goes by, and things started moving pretty fast. First, we were told to take off the clothes we’d just received, and we were put through a shower and haircut. Then we received another pair of clothes. This was just the first of a million irksome instan¬ces of time and money wasting I’d see over my time. It constantly seemed as if the absolute least economical and most bothersome way of doing any particular thing was ALWAYS the way it was done in the TDCJ. You see, they have no incentive to care. It’s not their money. (It’s YOURS dear reader!) It’s not their wated time. (It’s YOURS, dear inmate!) The TDCJ is all the worst characteristics of big government– waste, corruption, lack of accountability– combined with all the despised features of mammoth corporations– intractability, lack of creativity, a burgeoning class of wishy-washy mid-management. As horrified as I was seeing first-hand how the taxes I’d been paying since the first time a bought a penny’s worth of gum at 7-Eleven were being sucked into the sewer when I first got locked up, it’s even worse now. I mean, no matter how low you try to set the bar of achievement for this institu¬tion, they always manage to tunnel under and find a record low.

Some of us, like me, were sat down on steel benches while others were called out and sent off to who knows where. The predator was one of these, and I never saw him again, for which I was grateful. We sat there for about three hours and were moved into a room where we were given two sheets that looked like they’d just been violently ripped off a mountain man’s cot by an angry bear and a blanket that had barely survived it’s encounter with a swarm of crazed, starving moths. If you held all three up at the same time together, there were still places you could poke your fingers through.

Once we had these items, we were led to our “pod”. This consisted of clover-leaf shaped building with three dormitories attached to a central picket where the electronic locks were activated for all the doors. We were assigned our bunks. I had seven “cellies” sharing my dorm, and there were several dorms in each pod with a central “dayroom” that had that luxury cable television you’ve probably heard the politi¬cians talking about. This was another harsh lesson in prison life- how seemingly good things could, if implemented properly, become a source of incredible tension, division and irritation. The TV was turned on every morning at 7 AM give or take 30 minutes. It was almost always set at its highest volume. Go ahead, reader, take a moment to turn up your TV to its highest volume. Not pleasant is it. Now do that every single day for a decade from 7 AM to 10 PM on weeknights and 1 AM on weekends. I soon learned how to sleep with plugs in my ears. These pods were also made with open-faced showers conveniently located just behind the TVs. No need for homo-predator to turn around now; he could just pretend like he was watching TV and get the show of his life.

I finally got my bed made up, learning for the first time in my coddled life how to turn a flat-sheet into something you could fit on a “matress”. I had a locker with nothing in it but the handbook we’d been given ear¬lier with our bedding. Apparently, several of my new cellies were not satisfied with the contents of their new storage area, because they kept on banging the metal doors closed again and again. I put my head back on the part of my matress the TDCJ laughingly calls a “pillow”, and drifted off to sleep wishing with all my might I could go back and make a different decision about sex with a student.

Getting From Internet to Evidence

By | Criminal, Immigration, SEO

doublehlaw.com

There are all kinds of amazing things you can discover from someone’s laptop and if they are thinking about suing you. A lot of stuff is super useful. As you might guess the law has kind of responded to company’s effort to pry into people’s work computers and on occasions employers might get an overzealous and for example using a forensic experts to fish out the Google password you used to get into your private web based email. Go through it and find out about communications with your attorneys and use those to kill your case.

How many of you as a matter of fact will Google the responsible party in litigation? Right okay. Related question; how many of you as a matter of course and I don’t care if you use Bing or some or some other tool you use, how many of you as a matter of course search Google for your own client? So if you are searching the one you really ought to be searching the other and by the way if you are not searching either, you should totally start. Like you really need to use the tool that is known as “The Internet” to figure out everything you can about both your opponent and your own client early on.
There are actually a couple of ethics opinions out there. And from the other states, occasionally plaintiff’s lawyers have made a mistake of encouraging their clients to “clean up their Facebook posts”. Now do you know what I mean by that? Clean up your Facebook account means go back in and find those posts you made before you talked to me. Cause now I’m a savior and advised you to stop doing that. That are inconsistent with the narrative we would like to talk about. So if we need to present you as the American flag an apple pie and I’ve got a photograph of you on Facebook doing an inverted bear bong stand what you never seen this before actually a feet of gymnastic, actually very impressive. People should be more proud of them than they are. Are you doing this for inverted bear pong stand, that’s not going to play well, you need to get rid of that. Do you know what they call that? Spoliation, that is in fact called spoliation and for some reason it hasn’t fully clicked in the mind of the practitioner that the idea of running out and cleaning up the Facebook account isn’t the will full destruction of relevant evidence.

There is nothing special about it there is nothing unique about it, it is not like there is some law out there that says that social media is private. If you are not aware of how the Internet works, please understand the Internet is very public. What you put on the internet is you are saying everyone can see or 2000 of your closest friends that does not give rise to any expectation of anything other than everyone’s going to know it.

INFORMACION PARA EL VISITANTE EN LA CARCEL DE TARRANT-NUEVAS REGLAS

By | Criminal, Driving While Intoxicated, Immigration

VISITACIÓN

1. La inscripción de visitantes comenzará 30 minutos antes del inicio de las horas de visita. Los visitantes
no serán procesados después de las 8:30 pm.

2. Cada preso estará limitado a sola una visita de 30-minutos cada día. Solo el máximo de dos (2) adulto pueden visitar al mismo tiempo. No mas de dos (2) menores. 17 anos de edad o menor pueden visitar (máximo de 2 menores).

– Cada preso puede recibir hasta tres (3) visitas cada semana, esto no incluye el abogo, personal que aplica la ley o visitas profesionales, a menos que sea aprobado por un Supervisor.

– Visitantes que tienen el estado de encarcelamiento en la facilidad de Detención en el Condado de Tarrant entre los últimos 6 meses no están autorizados a visitar.

3. Visitantes de 18 anos de edad y mayores necesitan presentar un tipo de identificacion conteniendo su fotografia. Los siguientes son los tipos de identficacion que se aceptan:

– El visitante debe someter una identificacion con foto apropiada al Funcionario de Visitación/Secretario para aprobación.

– Una licencia de manejar de cualquier estado. Una licencia temporal (documento) puede ser aceptada solo cuando este corriente con el ano y la persona debe de tener otro tipo de
identificacion.

– Una tarjeta de identificación valida de cualquier estado.

– Un pasaporte valido será un tipo de identificación que será aceptado bajo las siguientes reglas por el Departamento de Estado de los Estados Unidos

– Si la persona es de 15 anos de edad o menor cuando el pasaporte fue emitido el pasaporte es valido por cinco anos de la fecha efectiva.

– Una identificación de inmigración con foto, hecha por el Servicio de Inmigración y Naturalización de los Estados Unidos

– Matriculas Mexicanas

– Tarjetas de Registración Mexicanas con una dirección de los Estados Unidos no son identificaciones validas

– Identificacion militar, incluyendo servicio activo, Rescate, Guardia Nacional, jubilado, o dependientes. Todos estos tipo de identificaciones son hechas por el Departamento de Defensa de los Estados Unidos (DOD) con la excepción de Estado de Guardia, que es emitido por el Estado respectivo.

4. Cada periodo de visita para los visitantes locales son treinta (30) minutos cada día; sin importar el numero de personas el preso recibe durante una visita particular.

– Residentes fuera de la ciudad que residen mas de 150 millas de los limites de la cuidad de Fort Worth serán limitados a 40 minutos de visita. Su residencia será verificada cuando visiten en las horas normales de visitación.

5. El tutor del preso puede pedir que se le de acceso durante las horas regulares de visitación para un preso elegible. Un preso elegible es aquel que no ha perdido el privilegio
de visitas debido a las sanciones disciplinarias.

– La visita del tutor será además de visita normal y no cuenta como una de las tres (3) visitas autorizadas.

– El tutor del preso tiene que estar presente y proporcionar cartas de tutela previstas por código tiene que tener cartas que comprueben a la Administración de la Prisión antes de permitir visitación.

6. Visitantes que traigan infantes a las visitas serán permitidos traer lo siguientes con ellos:

– Una (1) pañalera

– Manta que debe caber en la bolsa de penales

– Botellas tienen que caber en la bolsa de pañal

– Portador infantil – se llevará a cabo una inspección visual del portador infantil 2

7. Se espera que todos los visitantes sigan las reglas de visita y se comporten de manera ordenada. Los adultos son responsable del comportamiento de los menores. Las visitas pueden ser terminadas cuando la conducta del visitante o amenaza la seguridad del preso, y las operaciones ordenadas de la facilidad. Los visitantes deben permanecer dentro del edición. No se permite entrar y salir del edición.

8. Un código de vestimenta conservativo será aplicara para todos los visitantes que gusten visitar. Por favor use ropa apropiada para un grupo grande de hombre, mujeres, y menores. El uso de ropa inapropiada (como ropa provocativa o enseñando mucho) resultará en una visita negada.

No se permite lo siguiente:

– Pantalones reveladores
– Blusas cortas
– Camisetas sin mangas
– Trajes de baño
– Prendas transparentes de cualquier tipo
– Blusas o vestidos de corte bajo
– Leotardos
– Spandex o pantalones ajustados o blusas
– Minifaldas
– Blusas sin respaldo
– Pijama
– Sombreros o gorras
– Prendas sin mangas
– Faldas de 2 pulgadas o más por encima de la rodilla
– Vestidos o faldas con un corte alto dividido en la parte de atrás, parte delantera o lateral

– Ropa que se parece a la ropa del preso (tipo institucional) (Kaki o verde de tipo militar de ropa)

9. Tabaco, encendedores, fósforos, cámaras, dispositivos de grabación electrónicos, celulares, mochilas,
bolsas, bolsas de mano, o medicina sin receta no están permitidas estar en las áreas de visitación. Ni comida ni bebidas deberán estar en la área de visitación solo con la excepción para los bebes.
Los artículos prohibidos incluyen visitas al hospital.

Horas General de Visitas

Facilidades: Corrections Center

Lon Evans Corrections Center
Green Bay Unit

Belknap Unit

Coldsprings – Debido a la disposición física de la zona de visita en Cold Springs, las visitas de hombres y mujeres se les permitirá acceder en horas alternas.

Horas Impares – Visitas a mujeres reclusas

Incluso horas – Visitas a reclusos varones

Viernes: Encarcelados con los apellidos que comienzan con las letras A – L
9 a.m. hasta 3 pm

Encarcelados con los apellidos que comienzan con las letras M – Z
3 pm hasta 9 p.m.

Sábado/Lunes: Encarcelados con los apellidos que comienzan con la letra A – L
9 a.m. hasta 9 p.m.

Domingo/Martes: Encarcelados con los apellidos que comienzan con la letra M – Z
9 a.m. hasta 9 p.m.

Visitas de Abogados/ Aplicación de la Ley
Miércoles – Jueves
9 am hasta 9 p.m.

*Abogados pueden cuando sea necesario*

10. Visitas de emergencia son algo como inesperado, verificable, situación que requiere que la
visita sea fuera de las horas normales de visitas o procedimientos

– Un Supervisor de Vivienda deberá ser contactado para aprobación o negación de la visita de emergencia para los encarcelados.

– En circunstancias cuando el visitador asegura que una muerte ha ocurrido o que un miembro de familia o un amigo cercano ha sido hospitalizado por razones de vida o muerte
del Capellán debe ser notificada para verificar la información
– Si la visita emergencia es aprobada, los mismos procedimientos para visita general serán aplicadas. Pero, la autoridad de aprobación puede utilizar su discreción para permitir
tiempo adicional para la visita si las circunstancias lo justifican.

Visitas emergencia no serán contadas contra las 3 (tres) visitas permitidas.

– Aprobación o denegación de la visita de emergencia para los presos en el Procedimiento de Reservación se tendrá que hacer por el Supervisor de Reservas.

11. Los presos que son hospitalizados por mas de cinco (5) o mas días consecutivos serán permitidos 2 (dos) visitas por semana de miembros de familia inmediatos.

– Visitas serán limitadas a treinta minutos con no mas de dos (2) visitantes en el mismo cuarto al tiempo.

– Los presos alojados en el Cuidado Intensivos o otra unidad de cuidados especiales serán permitidos visitas de miembros de familia con acuerdo con la póliza del hospital.

– Los visitantes de hospital deben obtener tarjetas del Centro de Corrections del Condado de Tarrant completas, que será válido para la fecha de emisión

– Tarjetas de visitantes serán entregadas al Oficial del Hospital antes de la visita.

– Visitantes deben de tener identificación apropiada en acuerdo con la póliza de visitación.

– Menores de 17 años de edad o menor deben ser acompañados con un adulto.

– Paquetes voluminosos, grandes bolsas de mano, o regalos no están permitidos en el cuarto.

Todos los visitantes deben conformarse a la póliza de vestimento y conducirse en una manera ordenada.

– No habrá visitas sin supervisión, ningún tipo de contacto, ni ningunos artículos pasados entre el visitante y el preso.

– Visitantes no están permitidos estar sentados en la cama del encarcelado y se les instruirá para
mantener una distancia de no menos de dos pies del preso.

– Visitantes no están permitidos dejar dinero o ropa para el preso en el hospital.

– Visitantes que se niegan a cumplir con las instrucciones legales pertinentes a las funciones de un oficial se le dirá de salir de la zona del hospital.

– Si un visitante se niega a salir, el personal de la Seguridad del Hospital será llamada para escolta todos los visitantes no conformes del área del encarcelado.

– Se informará al personal de vigilancia lo mas rápido posible.

– Un reporte completo con nombres del visitante y cualquier testigo serán enviado al Comandante de la Unidad de Cárcel.

Deposito de Dinero

1. Dinero depositado para los presos será aceptado en el Centro de Corrección del Condado Tarrant,
100 N. Lamar, Fort Worth, Texas, 7 días por semana. Dinero no puede ser aceptado para deposito
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Teléfono

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3. Para preguntar por qué usted no recibe llamadas colectivas del encarcelado, por favor llame a
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Este número también se dará a los llamantes que preguntan cómo tener bloqueadas las llamadas de cobro.
Para llamadas para otras preguntas, por favor consulte los siguientes números:

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Immigration Consequences as they Relate to Juveniles and Juvenile Adjudications

By | Criminal, Immigration

The next question is if they effect the juvenile conviction–sort of the short version but except for crimes involving moral [inaudible] like shoplift and things like that or any other deportable offense I talked about this morning applies to juveniles as well as adults. So if he’s going to get convicted as a juvenile for unlawful carrying of a weapon or assault bodily injury, [inaudible] rehabilitation, possession with intent to deliver then it’s going to carry over with — its going to be the same effect it was 23 years old, when he gets to the immigration and deferred as a conviction for immigration purposes.

But, according to immigration act, the deferred is defined as a conviction for immigration purposes. It is one of the — that’s what I talked about It is two ground rules in immigration. Ahh, as criminal number one, for immigration purposes it’s deferred as a conviction and its defined as that natural act. And number two, a suspended jail sentence can act as the same as an actual sense and pose so these are the two in the statute. So no matters what it says in that judgment. For immigration purposes that deferred will be a conviction.

There you go then and last year and I see these — there are judicates like that without the conviction. And that’s a you know – we didn’t files those deferred actions because there is a lot because in those cases if you did have a criminal conviction, and you deferred action was denied because you come up your removal proceedings — so I chose not you know as not a bunch of caution not to file those applications but the reality is that days going to come in. Now one thing further, when it comes to drugs and you are talking out possession of control substance — if you’re trying to get your green card down the road and as I have mentioned if you have a conviction, for drug use or possession of 30 grams or less of marijuana, it’s going to be considered, you are not going to get your papers. There is one more to that as well to the gentleman when he asked about the person who has been considered as. If you are trying to get your residency, you don’t need — the burden of proof is just smaller. All they have to do is think that you are involved in drug use or drug traffic in other words not the preponderance — not beyond the reasonable doubt. All they have to have is a [inaudible] is — what is the exact language. Basically reason to believe that that person is a drug user or involved in drugs so when he’s going down you get him special juvenile type deferred for possession of cocaine.

And for your scenario he goes to immigration get his papers through his dad — they’re going to use that for the reason under the reason believe cause for someone who’s trying to apply for residency. And that will come back to get them for the drug lane. Does that make sense? It doesn’t make sense in federal but I just want to make sure I explained it. I am sorry. Okay! We are down to three minutes warning I am not going to go anywhere so I’ll answer more questions but you know I sit at the back and keep talking. Yes maa’m?
Audience: I’ve got somebody [inaudible] 14 years ago it had a domestic violence charge and he tried to come into the United States and they said no you can’t [inaudible] you got this card, but he came anyway and was able to get in here anyway and now he’s got a pending felony and some other charges that I’m trying to get taken care of either get to that. I want to try and get him [inaudible] because he has parents that are legal here. They are out here –

A permanent resident cannot file papers for a married son or daughter only a US citizen can. So mom and dad – as permanent residents cannot file for their son if he is married. So that is precluded there. Now you did raise something I am glad you bought that up so that’s the short answer it’s not a good answer. Two things and I got to go I am running out of my welcome. Number one –with the exception of aggravated felonies and the drug offenses possession of anything besides the 30 grams or less of marijuana, if your client is illegally is in United States, but in line to get papers. There are waivers available when he gets his application if he’s married to US citizen he gets caught — assault domestic violence, unlawful carrying of a weapon, burglary of habitation, burglary any of those other offences and he’s trying to get his papers through his wife or mom or dad. There’s a way he can still get those papers with the waiver.

So he’s not totally out of picture by virtue of these convictions. So that’s number, I got stress of that point. The second thing — whenever you have a client who does not have legal status, who is here illegally, and he’s got the immigration hold and you can talk to him before he goes to ice and about to pay the bond, she can get over there she can try to get second bond with immigration. Tell him when you see the immigration officer. Tell them you do not want to sign your voluntary return. I want to see I want to here with an immigration judge, I want a bond, I want to talk to my lawyer, I do not want to sign my voluntary return and make him repeat them because I guarantee when he goes over there the ice officers — ohh so you are Mr. jail house lawyer — you want to see your judge Han and your lawyer and you think a lawyer going to take bunch of your money under a damn thing. You think a judge is going to care now – They are going to push him to sign his voluntary return because your job is easier. And you don’t know how many times I get that I give letters to my clients and says in English. My client does not want to sign, he wants a hearing with the judge, he wants to talk with lawyer, he is in bond he wants to talk with his lawyer. So, you have that opportunity to admonish your client while he is sitting in the jail before he sees the immigration office and tell them those three things — to drill that into his head. So when he goes over there, he’s not going to sign and gets back and you [inaudible] back.

Immigration Bonds Related to Criminal Convictions and Family Law Domestic Violence Voluntary Deportation and Removal

By | Criminal, Immigration

That’s why you have to go deal with feds and say — hey! My client can — you know — work with you guys but in exchange, we want an S visa while this is going to be going on because some of these I’m about to tell you — this can drag on the investigation drag on for a long, long time. So you apply for that and you’re buying some time. I had a client who was involved in the.. — Any of you’ll from Houston or Victoria through there. Okay. Do you remember the guy who, the people who died in the back of a truck, smuggling I think like 12 people were killed. But the driver and the truck was charged with murder. And my client did not die in that truck. His nephew died in his arms, his brother died with him. My client did not die and he was in that. He was in that last years, going into the federal court and my client we got him a material witness visa for him against the guy who was driving the truck and then in some cases you can part lay that into something more permanent down the road but sometimes you only look at the hearing and now and you can get me that through the next 6-8 months. So the material witness visa is the most available. Um. If any of you all do family law, if he have a victim of domestic violence. There is a whole another category not only for the victims domestic violence, the violence of women’s Act, that allows you to get a status for them – but also there is another there is a U visa, the battered immigrant women protection.

In that case the U visa does not — and those are those victims of any kind of offense – well felonies. Those visas do not require that the aggressor have legal status. For example, under the violence against women’s Act to get your residual violence against women act and have to been marry the spouse, the abuser had to be a resident citizen. But under this other visa you just have to have been the victim of that type of offense. And in that situation, you can’t get again you need the police or the law enforcement agency to cooperate and fill up the application and that can get into you the U visa which is temporary in nature which can be dragged out for a longer period of time and may result into something more permanent. That’s what those you can do over family law. You had a question sir??

The question is, a person is not eligible for bond and deported before and what else? Number one is he’s convicted of the removable offense of an aggregated felony and crimes and all the other offenses that we talked about this morning. If he’s going to convicted one of those offenses, he is subject to mandatory detention. So in that situation he will not be eligible for a bond. That’s the most common scenario you will find. That’s why I was trying, the point I was trying to make is if you got a person who has no priors and he’s got an immigration hold because of his immigration status alone because you know there’s only two reasons to get the hold its either because you have a prior conviction or you live here legally. So if you got a client with no priors and his immigration was because of his status. If you can bond him out while the charges are pending. You can then have a chance of getting him an immigration bond once he goes to the immigration judge. Okay? Now, I don’t want to complicate it but you raised another important… in your question. He talked about if you have not been previously deported. There are just like there is — between deferred [inaudible] and conviction and immigration is different between a deportation and voluntary return.

It’s hard to figure that out sometimes except that just the nutshell version is –If you saw a judge and you got sent back he probably got deported. More times it’s not in some cases you may have been caught at the border. You were coming in under the expedited removal laws – if you were caught at the border and you get less than 24 hrs in United States, the immigration can deport you without write to a judge or anything like that so it’s an expedited removal and that’s a deportation order. But a lot of folks, confuse deportation with voluntary return just like conviction with deferred [inaudible]. A voluntary return is not a deportation.

A voluntary return occurs when you voluntary relinquish your rights to a hearing with an immigration judge because you don’t want to sit in jail anymore or you relinquish your rights and you just sign your voluntary return and you go back. A voluntary return will not preclude you or your client from being able to get a bond down the road with immigration and one of the ways you’ll know if you client got a deportation or voluntary return is — if your client got a deportation or limits got him removal out of deportation. If your client got a removal order or deportation order, the chances are when he finishes with the State custody and he goes to immigration they’re going to put him on the next bus back because and that’s how you know because they don’t have to get him to an immigration judge, all they can re- use is that same removal they used to deport him before. Okay? But, if he’s in and he winds up in an immigration custody they don’t deport him and put him on next bus back because he doesn’t sign then there’s a pretty good chance of the last time he got sent back by immigration wasn’t a voluntary return not a removal and in which case he will be eligible for a bond. And what you see in a lot of these you know in Dallas. Um! About two three years ago, there was Dallas police, not Dallas it was Irwin and farmers branch police were arresting people of suspicion of being a Mexican. DWM, Driving While Mexican it was. They were stopping giving the traffic tickets no driver license take him in jail before even charge him with anything. Call ice! Take him to the ice.

And at that point ice would scare the hell out of them and they signed their voluntary return. –oh! You can get a lawyer you can see a judge, you can be here two weeks, the lawyer is not going to take your money, the judges will not do anything for you. Okay! I’ll sign. He gets sent back on a voluntary return, comes back three days later. That person is eligible for a bond because it was not a deportation, and the only offence he had is those traffic tickets.

Number one sometimes it just doesn’t matter — you are buying time just like a terminal patient is happy to be getting another two more years. Ahh! Once you bond him out in Dallas in San Antonio, you can keep him in US for at least a year. Um, they umm, in fact for about an year — because you go after you bond out they will get another detainee hearing that will be cancelled for non-detainee — that will be about four or five months [inaudible] you go to that first here and it’s the general rule — the judges will give you one reset and then after that if nothing else you can take voluntary return. The immigration judge will give you voluntary return they will give you a 120 days that’s the maximum. So if you are been fortunate, you bought him a year. Now during that – their guys — you thought of my clients who have been here for long they’re working. They will be making more, they will be working in that year put more money in their pocket, they can sell some other stuff they can give that ready if they’re going to have to leave or may be there in that year their common love US citizens girl from McKenzie’s US citizen wife. Now just common law but they go out and get married and file the papers. May be congress just signs an immigration bill. You’re buying time and time has a value for a lot of these folks because once you bond out the reality is you’re going to be in US before about a year.

The question was if he’s clean – try to expedite his plea. And no it’s the other way around, pay the bond and get him to the immigration custody right away. Because once you plead him out he will be subject to mandatory detention so what I am saying is the other way around — if the guy who is clean, and with no reason he got the hold because he is here legally. Pay the bond, get him to immigration and then bond him out with immigration because if you take a plea like unlawful carrying of weapons and domestic violence or something like that, then he goes to immigration and be subjected to mandatory detention. So it’s the other way around hold off the plea, pay the bond, get him to immigration while he still got no conviction and then you do it from there.

You are trying to get the judges to remove the criminal judges to reduce the bond. I mean at that … its…you know one of the things I was talking about, this morning is that a lot of judges, a lot of bond companies thinks that just because you get an immigration hold means you’re going to get deported. Number one, that’s not the case. Number two, you still have – even if you do have to go back to voluntary return and not deportation and you’ll be here for a year. A lot of judges are hesitant especially not so much in my experience – much as in Houston — there’s a lot of immigration and there’s a lot training on that but in small rural counties, where the judges soon as they see the immigration — forget it he’s going to get deported — and I am not going to get any bond and that’s not correct. Now if I say it happens here in the county here your response of your defense of attorney is get him a bond hearing and proof — you know what you have to get a bond here. Flight risk, danger the community but danger community got no priors he got flight risk he’s got family here he’s got his card, his wife his kids here is he’s got his property here. He’s got an immigration hold but it doesn’t means he’s going to get deported here. He doesn’t even have a hearing with the judge for a while. So no no no its just the matter of getting the judges on board and maybe if they are doing that as a collective or one you file something against that judge.

$35K. So $3500 is 10 % still for the $3500 you going to get the guy bonded out and the immigration get another bond and he is out for a year. I am just saying but that’s but do not – going back to it — you don’t want to plead him out in the immigration as quickly as possible – its the other way around you want to get him to immigration before you have taken a plea. Yes sir. I am sorry.

What they’re doing once they bond out. They’re going to send him over there or they send him outside. And then once he goes to INS, if your client doesn’t signs his voluntary return and ask for a hearing from a judge and ask to hear from his lawyer then they’ll — either the INS officer will give him a bond or if the INS agent doesn’t gives him a bond, then you file the application [inaudible] saying the bond with the immigration court and the judge will decide the bond for him. He gets two chances in immigration bond.

Immigration Bonds Related to Criminal Convictions Part 2

By | Criminal, Immigration

What you will see now more of more of these and in the last five years — It is a part of post 9/11, the department of Homeland Security, emerge computers, with immigration in customs enforcements and customs and board patrol. So as result, people who are residents, have their green card. For years they have been going back and forth twice a year to go to see grandma and cousins and other family members across the border. No problems — but they have been convicted before of an offense made them deportable and I had a case just like the personal possession control substance of cocaine back in the mid 90’s. The slash hippie goes to Mexico for Christmas — comes back. It all pops up because now they run your green card through like a credit card and boom! The whole history shows up and now he’s placed in deportation proceeding in as arriving alien. And there’s a removal proceeding for convictions. Now, number one: an arriving alien, someone who left is coming in — does not have right to a bond. Okay? So my client because it occurred before 96 before the mandatory detention provisions kicked in. Who would have been eligible for a bond. If you had been picked up here in United States for that offense but because he was picked up as an arriving alien, he’s not eligible for a bond. But he’s eligible for a relief — cancellation or removal based on time had before the aggravated felony. So go in full circle with your question, when I have that I immediately filed a motion for a bond re-determination and we got to Antonio — And I go with my application in for relief for cancellation and removal and the judge says –Mr. Bo well he’s not eligible for bond judge, I don’t want him to sit here and wait, we’re ready to plead, we brought him into a trial and here’s our application, we just want to cut to the chase. So in that situation should do that now and in your situation?

That’s the situation. He’s being detained as an arriving alien and frankly [inaudible] in federal court. You know they are holding him for absolutely nothing. And he doesn’t have a base, and he has a green card, has every right to come into the United States. You go into Federal court and they are all heinous. But in the other situations when you have a detained client, who is subject to removal for an offence or something and they have not brought it – you file a motion for the bond hearing. Not so much because you expect to get the bond but just to be get him for an immigration judge and cut to cut a chase and get a trial date for his relief. Okay? I am glad you raised that because one of the thing I wanted to talk about is TS and new visas.

These are visas that are available, the TV says for the victims of traffic and violence, new visas are for battered women and the S visas is the material, a material witness visa. And the S visas are the situations where you may have a lot of clients. Where you got a situation, where it’s a conspiracy and your guys low man on the totem pole. And he doesn’t have papers and S visas do not have papers. And your client is the low man on the totem pole and the feds are not interested in the little fish they want the big fish but your client’s been indicted in that part of that conspiracy, If your client is willing to cooperate with the feds, with the Government and be a witness. At that point you can get a visa for him, an ‘S’ visa which will give him work permit, a driver’s license and social security card and at least as long that’s going on — as the trial and everything is going on, status: illegal status in the United States. Now in some cases that can expire when the game’s over he will had more than he have and this cases can drag on, years and years. But that ‘S’ visa is available and I’m — when you have clients and in this situation – the ‘S’ visa must be applied for federal law enforcement agencies, your client cannot on his own apply for it.

Immigration Bonds Related to Criminal Convictions Part 1

By | Criminal, Immigration

In the hand outs — and you guys will get this later because the TCDay requests that we give you all, an app of motion. You will have when he you get everything you will have a G28 that is a notice of appearance that must be filed with the immigrate with ice and immigration custom imports and that’s the trial attorney’s part of it — whenever you ahh, are representing someone in immigration court or file an application on their behalf. The E28 is the one that goes to the immigration judge. So if you ever find yourself in removal of representing someone in immigration court, these are the forms. You will need to file one with the judge. The green one goes to judge E28 and the blue one will go to the trial attorney and also the motion for bond re determination and this very…ooo…this form is very important, whenever you have someone with an ice hold. And really I want to take few minutes to talk about more details about the ice holds. That’s becoming the big pop up issue all of a sudden.

Whenever you get an ice hold, as I mentioned this morning. The pending charges cannot be the basis of the immigration hold. If your client has an ice hold, it’s either because he’s here illegally or he’s had a prior offense that made him deportable and they just caught up with him now. Now, if your client has a prior deportable offense, he will not be eligible for a bond, when he goes to immigration custody because of the mandatory provisions and immigration nationality act. That doesn’t mean he will be deported. It doesn’t mean he will get deported because he still may have relief from deportation. He may not be convicted with an aggregated felon and remember we talked about some relief like he has his green card for seven years before the deportable offense, then he may be eligible to go to jail that my wife and my kids –give me a second chance. So there is an opportunity. But, if he has not been convicted of an offense and the reason the immigration holder is there because he’s here, they’re here illegally — only because of his illegal presence. Do not wait to plead him out to get him to immigration custody. Talk to an immigration attorney, and get your ducks in a row, bond him out and then get him transferred to ice custody. Because, if you do not have a prior conviction or prior deportation, even if you are here illegally, you are eligible for an immigration bond and if he doesn’t have a conviction and he’s got these of some of these other issues we talked of, he’s got the application fit in through his wife or maybe he’s here illegally or he got 3 kid and he’s buying the house and he’s got this property and no serious offenses –there is a pretty good chance we will be able to get him out with the immigration bond — then once he’s out we’re going to take a deep breath you can negotiate a lot stronger with the prosecutor when your clients’ not sitting in jail saying –when you going to get me out—when you going to get me out.
And then there may be a lot of things we can do on the immigration side. But do not wait to plead him out to that unlawful carrying of a weapon or the domestic violence before you get him transferred to immigration custody because at that point we will – we may still have defense but he not – he will be sitting in jail while we do anything we’re trying to do on the immigration side. If you decide you want to tackle an immigration case on your own you got demotion for the bond re-determination that does not get filed until after he’s in the immigration custody. As I mentioned this morning, an immigration hold is like a lien, all immigration — is — notices – hey, we can deport this guy because either,
(a) He is here illegally or
(b) He’s got a prior deportable offense.

Beyond that — they have not investigated or looked at particulars haven taken custody of your guy. All they are saying is that we want him next in line. So, after he is been released from State custody for example — He gets charged with unlawful carrying of weapon or domestic violence. He doesn’t have papers. After the sunrise okay I am going to go ahead and bond him out and go and get him to immigration. You bond him out and get the charges pending goes to immigration. At that point your client will have two opportunities at a bond. The first of them will be, when the ice officers see him at the jail. And if the ice officers say — okay! We’re going to pay you $5K bond. Pay the bond and he’s out. If the ice officers not given a bond, or say he gives him an unreasonable bond, $20K bond. And just one thing you need to know — in immigration bond, you have to pay. There are bonds, it’s not like you pay 10% like in a criminal bond. They are immigration bond companies and is anybody here with the immigration bond company before I say this?

It is like legalized loan sharks. They charge you 50% of the bond and make you pay the other 50% over time. So if you got a $20K bond with the immigration, do the math. You are going to have to come up to $10K plus you have there. So usually I tell my clients go get the money, go pay up, go you know go talk to your cousins, your family members and get that bond money together and usually if the person in not in a criminal history — has family ties even if he’s here illegally, the immigration judge going to get him $5K and under. So the family can come up with that money to put it in there and pay the $5K and guy will be out. It’s like an interest bearing of an account someday when it’s all over you will get that money back with interest. But after going back ah! Ah! Saying about the application.

You do not file the motion for the bond application, until the guy has been transferred to immigration custody. He has seen the ice officers. The ice officer said — No! We are not going to give you a bond or no we’re going to give you the $20k bond. And at that point say I am going to file bond the determination so they knew you prepare the application you have in your stuff along with the G28 and E28, the two forms we talked about. And what you’ll need is your client’s what you call it – the ‘A’ number. That is the number that he will follow him through in his immigration case. You cannot file anything with immigration when they are in removal proceedings put that ‘A’ number, they will not know where it goes. And they will not assign that ‘A’ number until he has actually been transferred to ice custody, unless, he already has a green card and you will find that ‘A’ number on his green card. So –and at that point you will know the ‘A’ number you can go from there but he is here illegally — and has always got that letter from immigration and say I am in line. Once he gets transferred to the ice agent, he will be given and assigned an A number. If he doesn’t sign his voluntary return or deportation — he’ll be moved to the immigration detention facility at that point you can file the motion for the binary determination of the immigration judge, the judges will give you a hearing in less than a week and less than in a week you will get your hearing from your immigration judge.

Immigration Consequences of Criminal Convictions

By | Criminal, Immigration

When you have a non-US citizen client, whether he’s here legally or not, and your trying to go through your PDEA vs. Kentucky type of admonishments and figure out your–his situation. You want to go through these questions –and, in fact, when you get the hand out it’s not a bad idea to keep it in that file when you’re doing with the non-US citizen — you go through and ask them these questions. You are going to have it on there and you wrote it right off the top because frankly, when you go to the immigration attorney, he’s going to ask you those questions.
It will help us knowing this info, so we can then prepare in what we are going to do. Some of them– for clients without status, did the client enter legally or illegally, Has he ever get caught by immigrations or sent back because he may have been deported before come back in the second time and he may also have a possible federal charge of illegal re-entry act of previous deportation. The US attorneys are prosecuting people, who have been previous deported and come back in especially, if they were deported for a prior aggravated felony, because they really, they just do not want–dealing with those promises – they are doing without. Does the client have any prior arrest or convictions?

As I mentioned, if he is been previously convicted on one of the offenses we talked about — this morning, he already may be subject to deportation not because of the pending charges, but because five years ago, he plead guilty and unlawful carrying of a weapon, domestic balance or one of these other offenses. He also may find out that after he pled guilty to that offense, he already got deported and came back so that will also answer the other part of the question. He asked have I been deported before, after I was harassed for DWI.
Are the client’s parents U.S. citizens? Your client at first glance may appear to be illegally or only have a green card, but as I mentioned the child citizenship Act of 2000, gave natural – gave citizenship to persons that were under 18 and already had their green card, when one of their parents naturalized. The older law required both parents naturalized but after that law, only one parent was required to naturalize. I said 1990 it was 2000, starts with the record 2000 it was under President Clinton.

So ask your client is your mom or dad a citizens and if you want to take it one step further, they say yes! Find out when they naturalized and how old was your client at that time because he if he was under 18 and he had a green card, he is already a US citizen and we had a case involving a person convicted of possession intended to deliver several kilos of cocaine and was subjected to automatic deportation but for the fact mom had naturalized before the time and we were able to pull that off to win that case.

For detained clients, this is for people you have in the situation, they have the ice hold or they are in the custody and they have gotten the ice hold. What is their immigration status? Again, I mentioned that this morning in the presentation — are they permanent residents? Are they living here legally? If they are here legally – do they have that application pending? Do they have that letter of approval notice from a family person — Hey! I got this application pending through mom or dad. Again as I mentioned earlier–this morning. In drug cases, if your client has that letter he’s trying to get his papers through his wife or mom or dad or his brother, and he pleads guilty to any drug offence, with the exception of possession of 30 grams or less of marijuana, he will never be able to get his papers. Doesn’t matter if his wife’s a US citizen or his kids are US citizens or it doesn’t matter if he has any priors.

He will be subject and he will never be able to get his papers and we have a lot of – Well, we have an office at East Texas and [inaudible] and we get a lot of these kind of cases involving cocaine and meth and you know it’s tragic you don’t have an — and.. in some of those situations which you may – you may have look further into the records you find out there were four guys you know somebody called the Police or a bunch of guys drinking beer and getting loud – and there was a table — there was a kitchen table and cocaine was in there and bunch of beer on there and two or four different guys, nobody is sure who they belong to — but it’s his house, and so he is the one that’s being charged. So if you got some wiggle room — in the context for defending that client, that’s where you got to apply it otherwise your client will never be able to get those papers to that family member. For detained clients again — Do they have any prior removals? Has he been deported before? May be its not his first rodeo. May be five years ago in Dallas, we were having a lot of situations where people were getting arrested and deported, getting the ice holds and they sign their deportation after they were stopped for something as simple as a traffic stop.

The guy gets pulled over for running the light, doesn’t have a driver’s license — so they arrest him and immediately call ice. He signs his voluntary return and gets deported — come back 3 days later. Well that previous deportation stops in some of the defenses we may have an immigration side but you want to know that because they will also raise the questions — if he’s been arrested before because you may found out that he was deported before in fact he may have a situation where your client has spent time in TDC — had a green card — was deported by the immigration judge out at Huntsville — but they forget to take his green card out of his wallet, out of his private property. So he gets deported — goes back to the Bridge in Laredo flashes his green card – they let him come in. So he says hey! I came back in legally. But the reality is that previous deportation is not going to be defense and if immigration catches him again, they can still prosecute him free legal re-entry after previous deportation. Now at that point you will face Federal time.

Hipocresia del Consul ante los Inmigrantes

By | Criminal, Immigration

¡Que hipocresía la del cónsul! Y para el caso de la mayoría de la clase política de México. Se aprovechan del miedo de los inmigrantes mexicanos para obtener una ganancia política.

¿Dice que aquí en el consulado están para apoyarnos cuando para obtener una cita para algún trámite la tenemos que hacer con meses por adelantado y luego cuando llegamos nos tratan sin el menor respeto?

Dicen que van a apoyar a los deportados cuando lo que han hecho por años es saquear al país en lugar de generar empleos y oportunidades. ¡Habrá que recordarles que es por la falta de esos empleos y oportunidades que tuvimos que venir a Estados Unidos ¡

Deberían recibir a los deportados y al menos garantizarles un empleo digno con los recursos que genera PEMEX. Caray, se me olvidaba que de tanto saquearlo ya se lo acabaron. Ya lo dijo Peña Nieto, “Se acabó la gallina de los huevos de oro”. Debió haber dicho…. “Nos la acabamos”