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] 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 888.970.0005 Toll Free 202.280.1039 Fax The information
contained in this electronic message is confidential, and is intended for the
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