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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 329See 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

888.970.0005 Toll Free

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Attachment: 3--Stock--Immigration Military Service PW 4-20.pdf
Description: Adobe PDF document