asking to get deported

My question is, Can a legal immigrant ask to be deported instead of serving many years in jail? My dad is arrested for drug charges, it's his second arrest in a year, there were also a warrant out for him because he missed court date after the release of his first arrest. He's going through trial right now, and I was just wondering, can he ask the judge just to send him back to his home country instead of doing jail time, or do he have to do jail time then get sent back to his country?

It is up to the court not the defendant. They will not do so if he has to be punished.

[sandra20]

Your father will have to serve any time that they give him first. The US is now making immigrants serve a good portion if not all of their sentencing before being deported.

I guess it makes sense but it seems like another way to spend tax $$$ , surely jail is to a way to pay your debt to society allowing you to become reintegrated ?

[PaulDupont]

I was ordered removed back to Toronto in September of 2008 via Omaha, Nebraska for a barely deportable offense. But thats besides the point.

My point is, long story short, I chose to fight the case against me which was dropped to an aggravated misdemeanor because the case was easily going to be won in my favour. A few reasons why: I've never been in the US illegally, I've been arrested twice in my life, charged with one crime(minor drug poss.), I have my immediate legal family living there as well as good work history , references, community involvement etc.

I CHOSE to end the case and GO HOME after almost 3 months of being held by ICE. Why? Because I couldnt take sitting in jail any longer. Restless, irritable, discontent, and disgusted with the medical attention in the Douglas County Jail.
The United States and Canada give you the option to serve your jail time(remaining) in your respective country. I
But drugs crimes, and twice in one year, the United SDtates is going to want tp punish someone for that. Not just let them go back to their home base.

My crime was committed in Iowa City, IA in early 2008. I turned myself in down in FL(lived since 97) and served my 51 days in Johnson County Jail then picked up by ICE on May 12th and held there until I said forget the case, I want to go home