Joe Giudice’s legal fight to stay in the U.S. after his deportation appeal was denied, is far from over. In fact, the former ‘RHONJ’ star could be in ICE detention for another year.
Joe Giudice’s fight to remain in the U.S. was hit with a crushing blow on April 6 when the Board of Immigration Appeals denied his appeal against the deportation ruling. But that doesn’t mean that the former Real Housewives of New Jersey star, – who is married to Teresa Giudice, 46, and was born in Italy – must relocate to Europe immediately. Joe’s legal team filed a petition for the federal court (the Third Circuit Court of Appeals) to review his case on April 17. That’s just one step in a long-winded process that could see the reality TV star waiting in an ICE Detention center for up to a year for his case to be resolved. HollywoodLife spoke to immigration attorney Edward Shulman, Esq. of the Shulman Law Group who explained the potential timeline of the whole process.
HL: How does Joe stay in ICE detention while he awaits his appeal?
Shulman: “Mr. Giudice’s attorneys will request a ‘stay of removal’ while they appeal with the Third Circuit Court of Appeals and he will stay in detention because they still have the outstanding order of deportation. A stay of removal is a temporary postponement which notifies ICE that the Third Circuit Court of Appeals is reviewing his case so they can’t deport him while the case is pending. The Third Circuit Court of Appeals will then review his case and either grant or deny the appeal.”
HL: If Joe’s appeal is granted with the Third Circuit Court of Appeals, what happens next?
Shulman: “If his appeal is granted with the Third Circuit Court of Appeals, then the case will go back down to the immigration court. The Third Circuit will direct the immigration court and tell them they feel that his case is not an aggravated felony and then an immigration judge would have a hearing to listen to the actual merits of the case. If Mr. Giudice’s appeal is granted with the Third Circuit Court, but then he loses during the trial in the immigration court, he could appeal to the Board of Immigration Appeals on the immigration judge denying his case based on the merits itself. If the Board of Immigration denies his appeal, then he could take it to the Third Circuit Court of Appeals and keep the cycle going.”
HL: If Joe’s appeal is denied with the Third Circuit Court of Appeals, what happens next?
Shulman: “Then his only other options are either he can ask for a reconsideration (re-hearing) or he can appeal it to the U.S. Supreme Court, which is very, very rare because the U.S. Supreme Court would have to agree to take the case. Otherwise he will have to go back to Italy.”
HL: How long might it take Joe to get an answer on his appeal with the Third Circuit Court of Appeals?
Shulman: “It truly depends on the complexity of the case and how busy the court is so it probably would take a few months.”
HL: How much longer could Joe be in ICE detention?
Shulman: “It’s hard to tell because if the Third Circuit takes a few months to make a decision, then if Joe asks for a re-hearing [that] could take anywhere between one and a few months. Then, if Joe is denied and he takes it to the U.S. Supreme Court and they decide to hear it, then that will take quite some time.
“If Joe keeps on fighting, there’s a chance he could be sitting in ICE detention for another year if he asks for the re-hearing or takes it to the Supreme Court. But, if it’s just appealed at the Third Circuit Court of Appeals level, then it may just be a few months.”