[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

RE: Immigration consequences of a court-martial conviction



Hi Haytham--

 

This is an interesting question.  I would suggest that you contact Margaret Stock (margaret.stock@us.army.mil), who is an immigration lawyer in the military (I'm not exactly where or what she does -- her email comes up as Stock, Margaret D LTC RES USAR ODCSPE

 

In general, it would be important to know what the immigration status of your client is (i.e., is he a lawful permanent resident, or does he have some other status).  You would then need to determine if a crime of which he is convicted will count as a deportable offense--here, the biggest issue will be whether it is an aggravated felony (and in particular, a crime of violence).

 

I would be interested to learn what you find out about this.  If Margaret is unable to help, let me know and we'll figure something else out.

 

Hope you are well.  All the best,

Muneer

 

Muneer I. Ahmad

Clinical Professor of Law

Yale Law School

127 Wall St.

New Haven, CT 06511

Tel. (203) 432-4716

Fax (203) 432-1426

email: muneer.ahmad@yale.edu

PRIVILEGED AND CONFIDENTIAL

This e-mail message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure.   If you are not the intended recipient, please do not disseminate, distribute or copy this communication, by e-mail or otherwise.  Instead, please notify me immediately by return e-mail (including the original message in your reply) and by telephone and then delete and discard all copies of the e-mail. 

 

From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Wednesday, May 19, 2010 12:52 PM
To: Ahmad, Muneer
Subject: Immigration consequences of a court-martial conviction

 

Dear Muneer:

I hope you’re well.  Not sure if you remember me.  You were my immigration professor at WCL.  I represent an Afghani young man who is a U.S. Marine and served with the Marines in Afghanistan.  He is  accused of assaulting an Afghani man who was believed to be intimidating and threatening local villagers in the Marines’ area of operation.  The charge falls within the construct of a law of war violation.  I have a question regarding the immigration consequences of a conviction for a Law of War related offense in a military “Special Court-Martial.”  The Marine is not a U.S. citizen.  Can he be removed as a result of the conviction?

 

I had no one else to turn to with this question.  A special court-martial may award a sentence of up to a year and a bad conduct discharge.  Do you know where I might be able to find the answer?

 

 

Best regard,

Haytham

 

Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

WASHINGTON DC׀  SAN DIEGO ׀ DEARBORN

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.