Sir, Maj Stewart wants me to draft a memo about the immigration issues. I am not really comfortable with that, but if it is the magic sauce for this deal and it appears to be, I will take a stab at it. They also want a pta from us with newer dates. Very Respectfully, Capt Alex Wilschke, USMC Defense Counsel Legal Services Support Section (LSSS) 2d Marine Logistics Group Camp Lejeune, NC 28542-0132 Phone: 910-451-8112 DSN: 751-8112 Fax: 910-451-8559 Email: alexander.wilschke@usmc.mil CONFIDENTIALITY NOTICE: The information contained in or attached to this message may be confidential and is intended solely for the use of the individual or entity to which it is addressed. This message may also be privileged or otherwise protected by work-product immunity or other legal rules. Unintended transmission does not constitute a waiver of the attorney-client or any other privilege. If you have received this message in error, please notify the sender immediately and delete this email. If you are not the intended recipient of this message, you are notified that improperly disclosing, copying, or otherwise distributing the contents may violate the Privacy Act of 1974 (5 U.S.C. s 552a) and result in criminal penalties. To the extent the information contained in or attached to this communication contains Privacy Act information, that information is FOR OFFICIAL USE ONLY. -----Original Message----- From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Sent: Thursday, May 27, 2010 10:05 AM To: Stewart Maj Matthew J Cc: Wilschke Capt Alexander R Subject: Siddiqi immigration consequences Dear Matt: Upon review of the law and consultation with an immigration attorney who is familiar with the immigration consequences of a conviction by any court-martial, I am convinced that a conviction regardless of the punishment adjudged may permit removal of Cpl Siddiqi. See INA 328 and 329. See also 10 USC 801-946. The Denedo case provides the most compelling support for my argument that there are no guarantees that deportation proceedings will not commence against Siddiqi. I certainly concede that he may petition for relief. I do not find that a sufficiently compelling reason to advise Cpl Siddiqi to agree to plead guilty at a court-martial. Simply stated, any conviction may leave him exposed to deportation proceedings. I discussed this matter with the author of the law review article I have attached. I think you will agree when you conclude the article that a certain answer cannot be obtained, a conviction and less than five years of honorable service may result in deportation. Vr, Haytham Faraj, Esq. PUCKETT & FARAJ, PC WASHINGTON DC׀ SAN DIEGO ׀ DEARBORN www.puckettfaraj.com <http://www.puckettfaraj.com/> 888.970.0005 Toll Free 202.280.1039 Fax The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.
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