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Former permanent resident That Expected Biden Are his'miracle' to be deported

Silva was taken into custody by ICE at 2019 and was held for 20 weeks.

Kelvin Silva, 44, expected President Joe Biden could have a different position than his predecessor by not deporting him.

"I am based and hoping for if Biden chooses the presidency, he will help us from the circumstance."

However, his wonder never triumphed. Silva was defined as deported Tuesday, according to his attorney.

"I believed that he was going to get an opportunity to complete arguing his case. It's quite disappointing, particularly because he has been since he was young. He understands nothing about the (Dominican) Republic in any way. We had high, high hopes. It's so sad."

Silva always thought that he was protected from deportation.

While he had been born from the Dominican Republic, he legitimately moved into the United States when he was 11, linking his dad who was a naturalized U.S. citizen, according to court records. Silva said he believed he'd obtained citizenship through his father.

But this was not the situation. When Silva arrived at the U.S., the Immigration and Nationality Act of 1940 was the legislation and it barred kids like Silva, whose parents were not formally married, from gaining citizenship status by using their dads.

He had a Social Security card, paid taxes and may access public aid programs -- until an immigration judge revoked his standing.

As a teen, Silva became engaged in illicit actions after his dad died.

"I will be truthful, I had been selling drugs," Silva said in December. "I repent it. I repent every (one) of those things I did before."

He had been sentenced to 127 weeks behind bars on federal charges and has been left automatically deportable under immigration legislation due to his offenses.

But two weeks before he had been supposed to be released from custody of the BOP, U.S. Immigration and Customs Enforcement served him with a note to appear and started his removal event. He has been at Immigration and Customs Enforcement (ICE) custody ever since, that can be more than 20 months.

"While we're still grappling with the results of a failed and inequitable war on drugs, Kelvin still turned his life around after finishing a substance abuse treatment program in prison," Meredyth Yoon, among Silva's attorneys and a lead lawyer with the Southern Poverty Law Center's Southeast Immigrant Freedom Initiative, told ABC News in reaction. "He deserves an opportunity to rebuild his own life, and if it were not for the discriminatory Guyer Rule, he'd have that opportunity, exactly like another U.S. citizen that has finished their sentence."

In a statement Tuesday afternoon, ICE stated Silva entered the U.S. lawfully but violated the conditions of his entrance with numerous drug convictions.

The bureau said Silva has been"an aggravated felon who falls within the present priorities for civil enforcement removal and arrest put forth by the present government."

Individuals that"pose a danger to public security" are ensured for deportation, an ICE spokesperson said.

"Mr. Silva isn't a hazard to public security and therefore doesn't fulfill the Public Safety Priority Category's standards for authorities," Yoon wrote in a media release. "He's extensive family ties in the USA, such as his U.S. citizen sisters, mother, and three kids."

Yoon said she considers Silva has been targeted for deportation unfairly because he's a Black immigrant.

"A poll of related cases shows a disproportionate impact on individuals born out of marriage in bulk Black nations," Yoon composed in a petitioner's movement.

According to the court filing, 54 percent of those 63 national circuit court denials of relief from deportation were individuals from seven countries which have a majority Black population. In contrast, only 3 individuals were refused by Mexico and three from all Europe.

"We are asking the Biden government to reveal grace and also to honor the rights and humanity of immigrants. But we're visiting this administration continue to deport community members such as Kelvin, and especially Black immigrants"

Silva also has support from members of Congress, that have petitioned for his discharge.

"Mr. Silva has an present request for review in the Eleventh Circuit, which entails a nationality claim and equal protection challenges to some discriminatory citizenship legislation, but for which he'd stand understood as a U.S. citizen," Rep. Alma Adams, D-N.C. "It would be unconscionable, and possibly prohibited, for ICE to deport Mr. Silva until the Court has ruled on the merits of the nationality case."

"My children, my loved ones, what's here," he said in December.

Silva's sister said that the family is devastated to learn of his deportation and disappointed that ICE never allow the family know -- they heard the information through Silva's attorney.

"It is frightening because he's got no family ," Pena told ABC News, adding that the household is attempting to stay supportive.

"So we are trying to find out what exactly are we going to perform. We are going to need to figure it out, however [ICE] simply did not tell anybody they were going to ship him," she continued. "And that is it. It is sad, you understand?"

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