In Michigan, pursuant to Michigan Compiled Law 791.234b, a prisoner who has a final order of deportation against him or her by the United States Immigration and Naturalization Service may be paroled after serving at least 1/2 of the minimum sentence imposed by the Court. Persons who have been convicted of first degree homicide, second degree homicide, first degree criminal sexual conduct, second degree criminal sexual conduct, third degree criminal sexual conduct, and/or as a habitual offender are not eligible for this relief.
The parole board will not place a prisoner on parole under this section of the law unless it received from the United States immigration and naturalization service assurances that an order of deportation will be executed or proceedings will promptly commence for purposes of deportation upon release from the Michigan Department of Corrections and that the person will not be released from custody for any reason other than deportation, unless the United States immigration and naturalization service provides to the Michigan Parole Board a reasonable opportunity to be returned to the Michigan Department of Corrections.
A prisoner granted this relief will be placed on parole for a period equal to the remaining balance of his or her maximum sentence. If the prisoner returns illegally to the United States at any time prior than the expiration of the maximum term of parole, a warrant shall be issued to apprehend the individual and the individual’s parole shall be revoked. A prisoner returned under this provision of the law is not eligible for parole or any other release from confinement during the remainder of his or her maximum sentence. Hence, the repercussions for illegally returning to the United States after being granted this benefit are potentially quite severe.
A Michigan Department of Corrections prisoner subject to deportation, or a person who is about to be sentenced to prison for a criminal conviction in Michigan that is subject to deportation, may seek the help of experienced immigration lawyers and experienced criminal defense lawyers to try to obtain this benefit. Hilf & Hilf, PLC, is comprised of lawyers that are experts in the fields of immigration law and criminal defense who are ready to work on your behalf to achieve the best possible results.
There are instances where a person subject to deportation may have other avenues of relief. For example, a person incarcerated who is also a victim of a crime may potentially apply for a U visa. Moreover, a person with derivative citizenship also may not be subject to deportation. It is important to consult with an experienced immigration lawyer about the viability of any forms of relief that may exist.
Hiring the right Immigration lawyers and/or Criminal defense lawyers may be one of the most important decisions you make for yourself and your family. There are many lawyers who claim to do more than what they are able – just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.