Carlos Aquino (A# 028-675-336) is from Managua Nicaragua, but was raised in the United States of America since he was 5 years old. Carlos entered the U.S. through political asylum (NACARA) in 1986. Carlos has 2 young U.S. citizen children who he adores very much, along with a loving and caring family & friends who love him just as much. If Carlos is deported this will destroy not only people who love him dearly but mostly destroy the hearts of 2 young girls who look up to their father.
Carlos is my ex-husband who I am still very much best friends with. We both believe in raising our daughters together as a unit although we are no longer married. Carlos is a great friend, and a wonderful dad.
Carlos is facing deportation because of misdemeanor charges that happened 8-9 years ago. Carlos was charged for his crimes and completed his time in county jail as well as probation.
Recently in Dec of 2011 Carlos went to his birth country to see his grandmother who was not well, he stayed about 3-4 weeks with her and returned home to Houston with no problems. In February of 2012 Carlos returned back to Nicaragua to see his grandmother, but this time on April 1st 2012 upon entering the U.S. he was detained by immigration for his old crimes.
We hired an attorney, went to court on April 24th 2012 and the judge re-set his master hearing, it was said that Carlos may have a "stop-time" issue, but showing proof that Carlos was in the U.S. 7 years before committing any crime , there was no "stop-time" issue, and we could continue with the cancellation of removal application. On May 30th when Carlos appeared before the judge again, it was said that their was a stop time issue , because Carlos' legal permanent residence began in 1999 and not in 1986.
In 1986 Carlos did indeed enter the U.S. with a status of EWI (Entry without inspection) , However the law knew he was here under NACARA and issued him a temporary worker's permit, which Carlos renewed when was necessary
INA: ACT 240A (a)(2) states: (a)Cancellation of Removal for Certain Permanent Residents.-The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien- (2)has resided in the United States continuously for 7 years after having been admitted in any status, and
The law does not state that you have to be 7 years as a green card holder, it can be 7 years continuous residence in ANY status, and a "refugee" status qualifies however the judge is not counting the "real" time (1986-1999) Carlos spent in the U.S. before committing his crime, therefore the government is going to make a motion to "pre-termit" Carlos' cancellation of removal application on stop time grounds, although NACARA exempts it.
I find this is very unjust, not only for Carlos who has been detained for 2 months now, but also for his daughters who miss him dearly and may never be able to see their father again until the situation is cleared up.
If Carlos is deported it will cause an extreme hardship for his family. Carlos is a great person, has a wonderful family and deserves to stay.