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DAP Forums > DREAM Act > The Lounge

Dreamers with misdemanors - dui

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#1
06-17-2012, 02:12 PM
Senior Member
Joined in Sep 2007
2,654 posts
dado123
0 AP
I have a case here, trying to figure something that will work Dreamers with a DUI CONVICTION, i even hate the tone of it, but my brother got one years ago.

The June 15th memo states:

Requirement:
Have not been convicted of a felony offense, a significant misdemeanor offense, multiple
misdemeanor offenses, or otherwise pose a threat to national security or public safety;

What offenses qualify as a “significant misdemeanor”?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one
year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including
domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of
alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of
an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful
possession of drugs.

If an individual’s request to USCIS for deferred action is denied, will he or she be placed in
removal proceedings?
For individuals whose requests for deferred action are denied by USCIS, USCIS will apply its existing
Notice to Appear guidance governing USCIS’s referral of cases to ICE and issuance of notices to appear.
Under this guidance, individuals whose requests are denied under this process will be referred to ICE if
they have a criminal conviction or there is a finding of fraud in their request.
++++++
I was hoping that if an application is denied then that dreamer will automatically receive a Notice to Appear and thus can then qualify for Deferred Action under the John Morton 2011 Memo, but how this is written that individual will then be referred to ICE.

Any other dreamers out there is similar shoes, any thoughts will help, other than this , he is a poster child of the dream act, he just made one wrong choice on the 21st birthday.
Attached Files
File Type: pdf prosecutorial-discretion-memo June 17 2011.pdf (433.5 KB, 17 views)
File Type: pdf faq-deferred-action-process.pdf (82.1 KB, 11 views)
Last edited by dado123; 06-17-2012 at 02:46 PM..
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#2
06-17-2012, 02:17 PM
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Joined in Dec 2010
27 posts
kidding
0 AP
Wait til monday to find out more.
Last edited by kidding; 06-17-2012 at 02:19 PM..
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#3
06-17-2012, 02:27 PM
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From Pasadena,California
Joined in Jan 2007
874 posts
Elmexicano's Avatar
Elmexicano
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I also have a misdemeanor, I will call on Monday to find out if its "significant".
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#4
06-17-2012, 02:53 PM
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Joined in Sep 2007
2,654 posts
dado123
0 AP
Quote:
Originally Posted by Elmexicano View Post
I also have a misdemeanor, I will call on Monday to find out if its "significant".
We already know "what is significant "
Quote
What offenses qualify as a felony?
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding
one year.
What offenses qualify as a “significant misdemeanor”?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one
year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including
domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of
alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of
an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful
possession of drugs.
How many non-significant misdemeanors constitute “multiple misdemeanors” making an
individual ineligible for an exercise of prosecutorial discretion under this new process?
An individual who is not convicted of a significant misdemeanor but is convicted of three or more other
misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of
misconduct is not eligible to be considered for deferred action under this new process.
UNQT
Attached Files
File Type: pdf faq-deferred-action-process.pdf (82.1 KB, 4 views)
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#5
06-17-2012, 04:24 PM
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Joined in Aug 2009
23 posts
THEal
0 AP
Yes, I also found that driving without a licenses is a misdemeanor. So if any dreamers
that have been stop multiple times without a license. I think might have problems with the deferred action.
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#6
06-17-2012, 10:56 PM
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Roman's Avatar
Roman
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I don't think so. Usually well here in California when someone gets ticket for driving without a license they are reduced to infractions
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#7
06-17-2012, 11:18 PM
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From Illinois/Florida
Joined in Jul 2009
2,219 posts
buckminsterfullerene's Avatar
buckminsterfullerene
270 AP
Driving without license will not be considered, this according to the DHS announcement that happened on Friday morning.

However, the fact that they are considering a DUI a significant misdemeanor is likely to exclude many undocumented youth for a mistake.

Also, if you where charged with multiple misdemeanors in a single offense or action, lets say you are an activist and you where arrested for taking part in an action where they charged you with obstructing the peace, jaywalking, obstructing traffic, etc., etc., as part of that single action, they will only count it was one misdemeanor offense rather then count is offense towards the limit of three misdemeanors to qualify under what was announcement on Friday morning.
Last edited by buckminsterfullerene; 06-17-2012 at 11:20 PM..
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#8
06-17-2012, 11:44 PM
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36 posts
ScarredFellow
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Well DUI.. In my opinion does endanger the lives of others around you, it's messed up. On another note, most of us don't even have the priveledge of being able to drive, while some are DUI. Best of luck, but ain't getting much pity from me.
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#9
06-17-2012, 11:58 PM
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Joined in Feb 2012
738 posts
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cacheton011
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Yeah, I don't have a lot of respect for people with DUI convictions....a high school friend of mine was killed by a drunk driver.
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#10
06-18-2012, 12:02 AM
Junior Member
Joined in Dec 2010
27 posts
skinz4life
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Is a disorderly persons offense the same as a misdemeanor ? I got in trouble for underage gambling at Atlantic city. I went to court plead guilty and paid a fine of 500 and they suspended my new jersey driving prievelages for 6 months. What do you guys think? Will I get denied and is this serious misdemeanor ??!
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