and the peoples whose kidnaped him/her left her/him at the forest in american land.and she went some where and cries for help and the samaritans called the border patrol to take her/him.then they give her a notice and gave appointmeint to see the immigration judge.she/he appear to judge.is it possible for judge to help her/him to stay here even 4 two years or he will deport her/him as soon as possible?
2006-09-17 17:31:33 · 14 answers · asked by miss b 2 in Politics & Government ➔ Immigration
Most of the time no matter the situation they would deport someone who is from another country illegally. This sounds like something they should look into though. If he/she was kidnapped you'd think they would return he/she to the family after getting the information they need to catch the person who kidnapped he/she. It is usually up to the judge, so I think you would have to ask an immigration judge.
2006-09-17 17:47:38 · answer #1 · answered by durr_tee_durr 2 · 0⤊ 0⤋
This is a strange question. People have been kidnapped from both Canada and Mexico, and these cases have wound up in the courts.
The most notable case is Alvarez Machain, before the US Supreme Court twice:
http://supreme.justia.com/us/504/655/case.html
http://supreme.justia.com/us/542/692/case.html
He was a Mexican doctor kidnapped by agents for the DEA and brought to America for trial. The Supreme Court applied the old Ker-Frisbie doctrine to allow the trial to go ahead despite the illegal kidnapping in violation of the extradition treaty (Mexico was angry). But to the chagrin of the US Government, he was acquitted.
Another sort of case is represented by the Jaffe cases:
http://www.uniset.ca/other/cs4/610So2d482.html
http://www.uniset.ca/other/cs5/1992CarswellOnt3137.html
http://uniset.ca/other/cs5/3WDCP2d399.html
Jaffe was kidnapped by private investigators and brought to Florida for trial. The kidnapper was extradited to Canada and served time.
A third sort of kidnapping happened several times during Prohibition when US revenue agents entered Canada sometimes on hot pursuit, other times on tips to kidnap and bring back to America notorious smugglers. One of the cases was, I recall, a killing by one of those agents.
None of these fit your description. You don't give a motive for the kidnapping, otherwise implausible. There are provisions in US immigration law for victims of certain kinds of crimes (marital abuse among them) to remain in the USA under asylum provisions. And there is a practice of allowing most aliens otherwise excludable to come to or stay in the USA to serve as witnesses or to conduct litigation.
A prosecutor can also arrange for the stay in the USA of a person entering illegally if that person can be a witness in the prosecution of a "coyote" or people-smuggler or other criminal.
2006-09-18 00:46:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you're trying to get into America by pretending to be kidnapped, forget it. Go to a U.S. embassy and request citizenship.
You would be deported pronto I hope. Why would someone from Mexico or Canada kidnap u and then drop u off in America?
2006-09-18 00:33:16 · answer #3 · answered by bebeeangeldust 4 · 2⤊ 0⤋
I can think of a few criminals that should be 'kidnapped' and left on US soil to face the death penalty. It took far too long to extradite Charles Ng.
2006-09-18 00:51:40 · answer #4 · answered by d/dx+d/dy+d/dz 6 · 0⤊ 0⤋
I'm not sure exactly how that would work, but wouldn't someone who was kidnapped want to go back to their own country back to their family?
2006-09-18 00:34:51 · answer #5 · answered by Me 5 · 2⤊ 0⤋
I would hope that if you had been kidnapped, you would want to return home as soon as possible.
2006-09-18 00:39:36 · answer #6 · answered by bcwestcoaster 3 · 1⤊ 0⤋
He or she will have to return home to report the kidnapping. There's no reason, based on what you say, for them to stay on US soil.
2006-09-18 00:34:46 · answer #7 · answered by Bart S 7 · 2⤊ 0⤋
Deport immediatly.
2006-09-18 00:39:55 · answer #8 · answered by God 3 · 0⤊ 0⤋
If someone is really kidnapped, they would WANT TO GO BACK HOME.
2006-09-18 00:39:38 · answer #9 · answered by ? 6 · 1⤊ 0⤋
Are you perhaps referring to underage girls brought into the US for the purposes of prostitution?
If so, I wish you good luck.
2006-09-18 00:37:56 · answer #10 · answered by Anonymous · 0⤊ 0⤋