Permanent Resident Faces Deportation Following Drug Trafficking Conviction

    Immigration Expert

    This case involves a 42-year-old Columbian national man who was a lawful permanent resident of the United States for 26 years. The man served 5 years at a federal correctional institution after being convicted of drug trafficking and faced deportation from the United States at the end of the 5 years. Under the United States asylum law, the defendant would have been granted asylum if it could be proven he would be mistreated upon his return to his country of origin. An expert was sought to discuss whether the man’s national government would prosecute the client and if so, whether he would be sentenced to prison. The expert was also asked to comment on whether the prison conditions were humane.

    Question(s) For Expert Witness

    • 1. Please describe the applicable laws regarding drug traffickers?

    Expert Witness Response E-006424

    The statute of limitations on drug-related offenses is 20 years. In the eyes of the law, two separate offenses have been committed: a) the illegal export of controlled substances, and b) the illegal import of controlled substances. As such, your client remains susceptible to arrest and prosecution for the crime of illegally exporting controlled substances, at a minimum. If convicted, he faces a minimum of 4 years and a maximum of life imprisonment, depending on the quantity and circumstances surrounding the case. Notwithstanding the above, and given that your client has already served time, he is permitted to submit a written petition for pardon with the relevant authorities, which shall be considered at their sole discretion. He must first petition the local police authorities. If they reject the petition and hand the case over to the public prosecutor, he may then petition the State Attorney’s office. If they reject the petition, he may then petition the courts, starting with the Court of First Instance, then the Court of Appeals, and lastly the Supreme Court. The petition for pardon must follow this order. As far as the authorities are concerned, the aforesaid petition process can be undertaken, with a definitive answer provided, prior to your client being returned to his home country, subject to him being allowed to remain in the United States during the process.

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