Guilty by association?

Update at the bottom of post

I applied for DACA renewal on June 14, 2016. I haven't heard anything back despite various service requests. The only thing that I think might be delaying a response is and incident that happened back in January of 2016.

During that month my mom's house got raided by the police because my brother was involved in drug related activities. I live at mom's house and so does my brother. At the time the house was raided I was home and was briefly asked if I knew anything about my brother's activities and the Homeland Security official or ICE Official (I really don't know what he was really) asked if he could take my fingerprints on a digital scanner he had. I agreed thinking he was only going to check if I had a criminal record.

My brother did 40 days in jail and now has become a private informant for a detective that was involved in his case. Because I haven't received a response on my DACA renewal application my mother and I thought that what happened with my brother might be the reason for my case taking so long. I asked my brother to ask his detective "buddy" to check and see if there was something wrong with my fingerprints. Apparently the ICE official put something on my file. What? I don't know. The detective talked to the ICE official and asked him to remove it since I had nothing to do with what my brother was doing. Said detective thought that everything was cleared. A month goes by and still I haven't received anything from USCIS regarding my case. I again asked my brother to check back with the detective to see what is going on.

The detective sent the following text message to my brother today:
"I called the homeland security guy who was kind of a prick and he said he hadn't pulled (insert my name here) off the list because she pissed him off during the interview or something. I told him you have produced for us and he finally agreed to pull her off the list once we get weight. I told him that we are working a guy that will satisfy that soon with (insert nickname of a guy her). Sorry Buddy, He had told me he was going to do it so I thought he did back then."

WTH, I never said anything to him that was offensive or insulting or anything that would have pissed him off. How can he get away with this if I didn't do anything illegal or said anything to him to piss him off?

Any advice on what to do would be nice.

Update: I got a letter today that I got denied renewal with the following reason:

You have not have established that you warrant a favorable exercise of prosecutorial discretion.

What does that mean? I'm planning on seeing a lawyer. Can the lawyer do anything? I'm feeling quiet depressed about the situation. I did nothing wrong other than having a brother so incosiderate. Because of him I lost my DACA.

Call a RAICES lawyer. Take ICE to court. This shouldnt happen and you did nothing wrong. You were not arrested or charged with anything so I dont see a reason of why you have anything on your record.

You could have simply refused.

Smh!!!

The stupid officer would had probably taken my DACA papers at that moment if I had refused. He threaten me with taken them away just because he could, even though I did nothing wrong.

Would RAICES be able to help me since I'm in Oregon and they are in Texas?

Oregon?!?

Yes, Oregon. Why?

You should be ashamed of yourself posting statements like that, especially in such condesending tone.

First of all, if you had any legal experience you would have known that

a) unless his or her brother has its own private area as a domicile in the house, and the chain of custody could easily be determined as leading to your brother, there is nothing stopping the LOE or ICE from literaly taking every one in. In other words, your brother chooses to hide his drugs in a living room sofa, or a garage used by everyone, or the ceiling lamp in the bathroom etc. It is not your posssession of such substance but simply your access to it that determines reason for arrest. This legal principle is called CONSTRUCTIVE POSSESSION.

b) Whi;e I might have read the OP a little too quickly but unless he lives in one of the dead-end midwestern towns, ICE does have substantial jurisdiction within the continental US, stretching 100 miles inwards. One might be able to fight an arrest, but a routine check of immigration status when conducting (what appears to be a fairly serious) investigation would be within parameters of a good-faith effort.

c) Thirdly, and THIS IS THE MOST IMPORTANT so please get it through your head. For DACA (and perhaps all immigration benefits), USCS/DHS takes into consideration:

gang membership,
participating in criminal activities, or
participating in activities that threaten the United States.

USCIS may look at all of your criminal history when they decide if you are a ‘threat’. Your criminal history includes arrests and dismissed charges.

And these are just the points that jumped out at me withing 30 seconds of reading this topic. Do you really want to risk an arrest, and have your file red flagged by the powers that be?

I'm sure they can at least give you a contact. Explain to them your situation in a simple matter. Tell them someone pointed you here and ask them if they can help in any way. They have a vast network of people who can help across the country.

Update: I got a letter today that I got denied renewal with the following reason:

You have not have established that you warrant a favorable exercise of prosecutorial discretion.

What does that mean? I'm planning on seeing a lawyer. Can the lawyer do anything? I'm feeling quiet depressed about the situation. I did nothing wrong other than having a brother so incosiderate. Because of him I lost my DACA.
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