According to Department Of Justice documents exclusively obtained by RadarOnline.com, the immigration judge has ruled that Real Housewives of New Jersey hubby is "ineligible" to apply for re-entry into the United States when deported.
Judge John Ellington of the York County Immigration Court in Pennsylvania explained in his 13 page written decision that Joe's re-admission status into the country was determined once he committed "aggravated felonies" as a permanent resident in the country.
"Because Respondent was admitted to the United States as a lawful permanent resident and he subsequently committed an aggravated felony, the Court finds that Respondent is ineligible for an INA 212 waiver," Judge Ellington wrote.
A "INA 212" waiver is defined as an application for "Permission to Reapply for Admission into the United States After Deportation or Removal."
In this case, it seems there will be no loopholes for the 46-year-old jailbird.
Judge Ellington continued: "No waiver shall be provided in the case of an alien who has previously been admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation proceedings to remove the alien from the United States."
As RadarOnline.com previously reported, Judge Ellington's decision to deport Joe was based on his findings that his crimes were considered an aggravated felony — the highest type of crime committed in the U.S.
"The Court finds that the underlying offenses for Respondent’s conspiracy conviction, mail and wire fraud…are aggravated felonies…as both convictions contain elements that necessarily entail fraudulent or deceitful conduct,” the judge wrote in papers filed on October 10.
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In addition, Giudice’s crimes “constitute morally turpitudinous behavior,” because he “failed to pay his taxes for the purpose of misleading or concealing,” Ellington said.
Due to his “aggravated” felonies, "the Court must order respondent removed from the United States to Italy," the judge concluded.
According to sources, Joe plans to fight back and will file an appeal before the November 9 deadline.
“I’ve been here my whole life, I wouldn’t know what to do in any other country,” he told the court via teleconference. “I want to stay here.”
“I get no joy in telling a family this news,” Judge Ellington responded. “Mr. Giudice, no matter how this turns out, I wish you the best. I decided this case as a matter of law.”
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