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

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