My cousin was arrested by State Police and was charged with domestic violence. His embassy was never notified and he was in jail for for 2 weeks (because he had ICE detainer). Mind you that my cousin is a legal resident of the U.S I.94 (not Green Card) and was never advised of his rights to notify his embassy that he was incarcerated. From what I understand anytime a Non.US citizen is arrested they have to call his country's embassy in DC to notify them, that shitt never happened. Now my cousin is facing deportation to his native country (North Africa) since he's embassy was never notified so they could offer legal help. What could we do to stop this?

Thanks

I doubt that they call all of the embassy's in the event of an arrest. Why would they deport him? He doesn't need legal help cause he's being deported.

So figure out the rest of the story and post it cause there sure seems to be a few holes in your story.

Not all Embassies are required to be notified if one of their citizens is arrested in the U.S. What country is he from?

Indeed there are missing facts to this bizarre story of another innocent foreigner who believes they have some sort of entitlement in this country.

First off there is no status called I-94, it is a form.

http://en.wikipedia.org/wiki/Form_I-94

http://travel.state.gov/visa/temp/temp_1305.html

http://travel.state.gov/visa/temp/types/types_1286.html

I believe that if you are convicted of a felony, (wife beater).....than you get the boot!

Although a misdemeanor, domestic assault, is a deportable offense (simple assault is not) for permanent green card residents.

Your cousin is not a legal resident. I94 forms are filled out by non immigrant visitors upon entry to the US. It's good for 90 days and must be turned in upon leaving the US.

You are incorrect about your cousin's immigration status. The reason why he was detained is because he overstayed the 90 day I94 window and is here illegally now. Even if he was a legal resident, a domestic assault conviction would render him deportable if found guilty.


Btw, his embassy knows about the arrest and detention, sincehe has an ICE detainer to be deported to his home country.

IIRC there is a treaty which requires that when an alien is arrested the alien's consulate must be notified (or maybe its just that they have to notify the person of the right to contact the consulate and facilitate efforts to contact it if the alien chooses to do so), but there was a U.S. Supreme Court decision which said that treaty requirement does not at the moment apply to states. Since they wouldn't let a man get a new trial in a Texas death penalty case when Texas breached the requirement I don't believe they will have much of a problem with any breach Virginia made in this case.

I do agree with Big Dog on this one-it appears that something is missing from the facts you have disclosed. Even if domestic violence is an offense that could result in deportation, they don't usually deport on a mere arrest for a crime. There generally has to be a conviction. If they were holding your cousin for two weeks for an ICE detainer it sounds like there was a pre-existing problem with his immigration status and picking him up for the DV charge simply gave the Feds the opportunity to serve their action. It's also curious that the State Police would have made the arrest for DV. I believe they are authorized to do so, but normally these things are done by the locals.

To the OP-You really NEED to get your cousin together with a good attorney to help him out with this. Get one that knows both Virginia criminal law and U.S. immigration law. Do not rely on some court appointed attorney or on whatever free help you can get off the internet. AND BE PREPARED TO SPEND SOME BIG MONEY UP FRONT. Now is not the time for your cousin to be cheap-cash in the children's college funds, sell the family jewelry, hock the car, beg from friends and relatives such as you, whatever it takes to legally come up with the money.

well first he could stop assaulting his spouse and the cops would have never been called. also the above are right 1-94 is a temporary visitor status. im guessing his expired since ICE already had him on a list, if it hadnt no need to keep domestic abusers in the country we have enough of those already. i doubt anyone feels like having their tax dollars wasted for a trial for him and incarcerating him throughout his life

Bill N Wrote:
-------------------------------------------------------
>
It's also
> curious that the State Police would have made the
> arrest for DV. I believe they are authorized to
> do so, but normally these things are done by the
> locals.

Of course the state police can make arrests for any crime. It worries me that there was any doubt in your mind about that.

Also he never said what state it was. Only Nova has a local agency almost everywhere.

Fuck all the good legal advice..

Your cuz is a turd. He blew his chance at living in America.

Now go home to the miserable sandbox you are unwilling to name. He just created a job opening for someone born in America who is IMO far more entitled and deserving.

idontlikebeingrightaboutshitlikethisbutiam



Edited 21 time(s). Last edit at 5/31/1967 05:57AM by WingNut.

Last edit at 11/30/2015 01:37PM Last edit at 5/14/2015 03:52PM Last edit at 1/28/2014 05:57AM Last edit at 11/29/2015 01:10PM Last edit at 3/14/2011 11:52PM Last edit at 7/20/2012 04:07AM
Last edit at 6/29/2013 11:18PM Last edit at 3/19/2011 01:02PM Last edit at 3/26/2012 09:07PM

WOW Wrote:
-------------------------------------------------------
> It worries me that there was any doubt
> in your mind about that.

As Mark Twain said: "Education is the path from cocky ignorance to miserable uncertainty."

Bill N Wrote:
-------------------------------------------------------
> WOW Wrote:
> --------------------------------------------------
> -----
> > It worries me that there was any doubt
> > in your mind about that.
>
> As Mark Twain said: "Education is the path from
> cocky ignorance to miserable uncertainty."


Yea but any law enforcement officer can make an arrest for any arrestable offense in their jurisdiction and in some cases outside of it as well.

The DV laws have gone crazy. VA is a mandatory arrest state according to the ABA. That means one party has to go to jail (99% of the time it's the man even when the woman is being the cunt). Then they take away your guns. It's all bullshit and it never stops the maniacs. Is it wrong to beat your bitch?? Yes, most definitely. Throwing a phone or a little shoving (recent deputy mayor of NYC arrest), is my business. Keep the effing government and police state out of it.

WOW Wrote:
-------------------------------------------------------
> Yea but any law enforcement officer can make an
> arrest for any arrestable offense in their
> jurisdiction and in some cases outside of it as
> well.

Bill is our local police watchdog. :-)

I'll say this though -- the OP sure is a genius for asking about this topic here on FFU. His cousin is in excellent hands.

Wife beater, the same is true in Maryland also. I got arrested and charged with domestic assault for defending myself. My girlfriend who was drunk at the time assaulted me and left some visible injuries on my face. I defended myself by pushing her away from me, and she some how fell down and got injured. The Officer only got her side of the story (after the bitch cried and made a scene) and never even bothered to ask me how I even got my injuries. They served me some retarded restraint order and I couldn't go pick my stuff up from my apartment. All i have to say to this is, its very stupid law and should be repealed.

Kilton Wrote:
-------------------------------------------------------
> Bill is our local police watchdog. :-)

Nope. I leave that to the ACLU lawyer types. Just someone who occasionally likes to help people out, unlike some who get their jollies by watching others suffer. Also, unlike some, if I don't know something but am merely guessing I will qualify the statement.

Bill N Wrote:
-------------------------------------------------------
> Kilton Wrote:
> --------------------------------------------------
> -----
> > Bill is our local police watchdog. :-)
>
> Nope. I leave that to the ACLU lawyer types.
> Just someone who occasionally likes to help people
> out, unlike some who get their jollies by watching
> others suffer. Also, unlike some, if I don't know
> something but am merely guessing I will qualify
> the statement.

Huh? Seems to me your sympathy here is likely misplaced. After all, the OP seemed to suggest that his relative committed the domestic assault for which he was arrested. So how about offering your advice to the VICTIM(S)? The way I see it, deporting a violent person is a gift to the victim(s) and the community.

Why help such a person stay here to torment others?

Choose your side carefully Wrote:
-------------------------------------------------------
> Bill N Wrote:
> --------------------------------------------------
> -----
> > Kilton Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > Bill is our local police watchdog. :-)
> >
> > Nope. I leave that to the ACLU lawyer types.
> > Just someone who occasionally likes to help
> people
> > out, unlike some who get their jollies by
> watching
> > others suffer. Also, unlike some, if I don't
> know
> > something but am merely guessing I will qualify
> > the statement.
>
> Huh? Seems to me your sympathy here is likely
> misplaced. After all, the OP seemed to suggest
> that his relative committed the domestic assault
> for which he was arrested. So how about offering
> your advice to the VICTIM(S)? The way I see it,
> deporting a violent person is a gift to the
> victim(s) and the community.
>
> Why help such a person stay here to torment
> others?


Bill's just giving some advice. Isn't that what this site is about... Communication?

I find Bill's answer a lot more interesting than the standard, "deport the scumbag!!!1!"

Fair enough Choose your side carefully. Here is where I come from.

False accusations of domestic violence are not uncommon, and we don't know whether the OP was guilty. Even if the relative is guilty he does have the right to force the state to prove their case and the right to try to reduce his punishment. As for the victim, if she had posted I would be just as happy to provide her with info as well.

Deport that po$. Where is kunta kente from? Ethiopia? Morocco?

I big misnomer is that embassies can provide help. They really do not.At least that is the case for ours. When you are overseas if you are arrested, the embassy will send some low end intern to visit you and make sure you are not being abused and being fed occasionally.. The may provide you with a list of lawyers, or notify your next of kin. Generally that is it.

The US Embassy does not come to the rescue and fight for your rights as in the movies. Nor do the embassies have a spare bedroom you can stay in for a few days after they secure your release.

Maybe it has happened once or twice, but do not count on it.

Fairfaxunderground rules: Lilliputions, not ok. Midgettville ok. I got it now.

To my knowledge the police are not required to contact a person's embassy or consulate for them, and are only required to contact them at your direction. It is not the arresting officer or interrogating officer's responsibility to ascertain your legal status or country of origin, the burden is on the arrested individual to make a request for embassy/consulate contact.