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Could misinterpreted discipline cause an immigrant's deportation?

As we have previously discussed on this blog, it seems as though immigration authorities latch onto any reason to begin deportation action, even a minor traffic defense. This is exactly why many Chicago families are on edge each day, knowing that there is a possibility that a loved one could be deported for a minor criminal infraction.

A 34-year-old man's legal troubles recently became more complicated when police handed him over to immigration authorities, because he admitted that he is an undocumented immigrant. This move came after the man was convicted and sentenced to probation on a third-degree child endangerment charge.

According to reports, the man was initially charged with sexual assault, but the charges were later reduced in accord with a plea agreement. The man apparently was charged for apparently "excessively spanking" a child. Reports did not include details of the incident in question, but the criminal charges could have stemmed from a misinterpreted punishment.

Even though this man was not sentenced to spend time in jail, he is still being detained while he awaits an immigration hearing. At this point, it appears as though he will be deported.

This case shows how important it is to deal with even minor criminal charges if deportation hearings may also be a consequence. In this case, the man will likely be deported, even though he was able to negotiate a plea bargain and a reduced sentence.

Criminal charges can emerge from a simple misunderstanding, so it's important for individuals to get the facts of a case straight in order to positively resolve charges. For individuals who are concerned about their immigration status, it's also critical to make considerations to avoid being removed from the community and people that have come to define his or her life.

Source: The Times of Trenton, "Lawrence man who excessively spanked 11-year-old girl faces deportation," Jenna Pizzi, Jan. 17, 2013

  • Facing criminal charges can be a scary experience for undocumented immigrants living in Illinois. To learn about legal options for those facing a dilemma similar to the one described in this post, please see our Chicago deportation defense page.

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Godoy Olivieri, Ltd.-An immigration law firm

2021 Midwest Road
Suite 200
Oak Brook, IL 60523
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
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1655 S. Blue Island Ave.
Suite 300
Chicago, IL. 60608
312-445-0591 local
800-264-2752 toll free
630-705-5258 fax
Map & Directions